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. DEFINITIONS1.1 '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 support@logicsms.co.za and is only applicable to the Premium SMS Service, where a payout is available and applicable.
2. THE SERVICE2.1 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. USE3.1 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 INFORMATIONLogicSMS Messaging Solutions pty ltd / LogicSMS may be contacted in any of the following ways:
E-mail : support@logicsms.co.za
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 RIGHTS6.1 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 COMMUNICATIONS7.1 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. FRAMING8.1 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 CRAWLERS9.1 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 OBLIGATIONS10.1 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. DISCLAIMER11.1 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. COSTS12.1 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 METHODS13.1 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:
13.2.1.1 The exact amount must be paid
13.2.1.2 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.
13.2.1.3 Payments from ATM's or by cheque always require proof of payment to be sent to the help desk.
13.2.1.4 Cheque deposits are subject to a clearing period.
13.2.1.5 Bank deposits are accepted from outside the borders of South Africa. All bank changes will be for the depositor
13.2.1.6 Unpaid bank deposit orders are cancelled after five business days.
13.2.1.7 Cheques or payments that are reversed will result in an immediate suspension of the user account until outstanding amount is settled.
13.2.1.8 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 party
15. GOVERNING LAW15.1 This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.
16. PRIVACY16.1 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
Users:
16.2.1 name and surname;
16.2.2 birth date;
16.2.3 gender;
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 LogicSMS Messaging Solutions pty ltd 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. SECURITY17.1 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 AGREEMENT18.1 LogicSMS Messaging Solutions pty ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
19. DISPUTES19.1 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 AGREEMENT22.1 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. The latest version of the WASPA Code Of Conduct and previous versions can be found - https://waspa.org.za/code-of-conduct/
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 Renewal of a Keyword is defined as a 12 month period starting from the last active date. For example if the Keyword exired in March 2021 and is renewed (once, 1 renewal), the Keyword is activated from April 2021 to March 2022. If a keyword is expired for more than 12 months the keyword will be need to renewed for more than 1 renewal period to catch up to the current year.
23.24 An expired Keyword can be removed from the username at anytime with immediate affect.
23.25 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.
23.26 LogicSMS does not perform billing for the premium sms and is not responsible for incorrect billing on a cellphone account. Billing queries must be opened with the network.
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.
| Payout Request | Expiry | Comments |
| 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 will be delayed until the violations are corrected and closed by WASPA if required.
26. PremiumSMS Contract Terms and Conditions26.1. The client
26.1.1 must ensure that amounts charged per SMS are shown clear in all print and electronic media Please be aware that it is your responsibility to advertise to your potential clients that messages sent to this number will incur a cost per sms at the short code 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. Any WASPA fine and/or judgment will be the clients responsibility.
26.1.2 Must take prompt action to LogicSMS requests including but not limited to Stopping of campaigns.
26.1.3 Send at least 500 messages per network per month on a dedicated shortcode to receive a payment. (Less than 500 are carried over to next payment cycle). Currently not enforced. If the networks enforce this rule, the rule will be enforced without notice.
26.1.4 Must request payouts online. If an invoice is required, the invoice must include LogicSMS's vat number and your banking details must appear clearly. Our help desk must be contacted before invoicing us, so that we can confirm the payout amount.
26.1.5 Must not misuse the shortcode such as misrepresenting the cost charged, the company/entity/idea (not limited to these), will result in the service being suspended and any fines received will be passed on.
26.1.6 Must ensure the Keyword and/or shortcode are not involved in suspected spam or phishing or related campaigns. Campaigns are investigated and can be suspended at the discretion of LogicSMS
26.2. Payouts26.2.1 Vat will only be included on payouts if the customer has a valid VAT number and that it appears on the invoice supplied.
26.2.2 Payouts can be claimed after 90 days have elapsed after a calendar month of usage.
26.2.3 Payouts can be claimed earlier. We can payout after 60 days have elapsed after a calendar month of usage. 10% of the value of the payout will be forfeited.
26.2.4 Banking Fee of R30 (thirty rand) will be deducted from payout, if the total payout amount is less than R300 (three hundred rand).
26.2.5 Payouts can be accumulated from month to month. Payouts do expire, please review the terms and conditions online at https://www.logicsms.co.za/TC.html for full expiry details.
26.2.6 Payouts are subject to change with 1 month written notice.
26.2.7 Payouts will be canceled if the network reports that more revenue share is earned from a discounted sim card where the cost of the airtime is less than the revenue share.
26.2.8 Discounts include handset subsidies.
26.2.9 Payouts are based on message stats that are available in the Premium SMS – Inbox for a particular month.
26.2.10 Payouts are not applicable to Standard Rate Shortcodes unless otherwise stated in the Payouts Table within the contract.
26.2.11 We will endeavour to payout between 90 and 99 days or 60 – 69 days. Sometimes we may require more time due to documentation or Cellular Network and/or WASPA communications/requests, please make provision for extra time in your 3rd party contracts.
26.2.12We may request that a payout is carried over to the next month to enable the value of the payout to be larger than our minimum payout amount.
26.2.13 Payouts may expire. Please review the online Terms and Conditions at https://www.logicsms.co.za for expiry periods. Help desk will calculate the expiries when the claim is requested.
26.2.14 LogicSMS is not responsible for or bound to 3rd party contracts that the LogicSMS customer enters into.
26.3. CANCELLATION26.3.1 1 month written notice of cancellation must be given by either party to cancel this agreement. Payouts will be forfeited if an immediate cancellation is required.
26.3.2 Should any of the networks discontinue premium services with logicSMS, this agreement is null and void.
26.4. BREACH26.4.1 An event of breach will occur should:
26.4.1.1 either Party breach any of the material terms or conditions of this Agreement and fail to remedy that breach within a period of 14 days of being called upon in writing to do so;
26.4.1.2 either Party be placed in liquidation, whether provisionally or finally, or under judicial management.
26.4.1.3 Payment for the monthly rental not received timeously.
26.4.2 Upon the occurrence of an event of breach the Party not in breach will be entitled, in addition to any other rights which it may have in law, to cancel this Agreement on written notice to the Party in breach and to claim from the Party in breach such damages as the other Party may suffer.
26.4.3 the WASPA Code of Conduct and/or advertising rules and/or LogicSMS Terms and Conditions are not adhered to and/or any LogicSMS Monitoring or Warning letter sent to you in writing and not rectified within 3 working days.
26.5. GENERAL CONDITIONS26.5.1 Neither Party may bind the other in any way.
26.5.2 Neither Party may assign or cede any benefit, obligation or interest it may have in the contact to any other person without the prior written consent of the other Party.
26.5.3 This Agreement constitutes the whole agreement between the Parties relating to the subject matter thereof and save as otherwise provided, no amendment, alteration, addition or variation hereof will be of any force and effect unless reduced to writing and signed by both parties. In the event of any conflict between these terms and the terms of the Annexures hereto, these terms will prevail over the terms of the Annexures to the extent of such conflict.
26.5.4 This agreement does not cancel the published LogicSMS Terms and Conditions online and forms a part of the entire service offering terms and conditions.
26.5.5 Neither Party is regarded as having waived, or is precluded in any way from exercising any right under or arising out of this Agreement by reason of such Party having at any time granted any extension of time for, or having shown any indulgency to, the other Party with reference to any performance of any obligation under this Agreement, or having failed to enforce, or delayed in enforcing any right of action against the other Party.
26.5.6 In the event of any clause of this Agreement or any part thereof being found to be invalid for any reason whatsoever, such clause or part thereof will be severable from the remainder of this Agreement and will not affect the validity of such remainder.
26.5.7 Neither Party grants the other the right to use its trademarks, trade names, logos or other such designations in any promotion or publication without prior written consent.
26.5.8 Once signed, any reproduction of this Agreement or part thereof made by reliable means (for example, photocopy, facsimile or electronic copy) is considered an original.
26.5.9 In the event of any WASPA complaints and/or judgments, the client will be responsible for fines and/or legal representation rendered.
26.5.10 In the event of any WASPA complaint a fee of R1000.00 (one thousand rand), in addition to any fines, will be payable to LogicSMS Messaging Solutions PTY Ltd. In the event a payout is accumulated the fee will be deducted from the payout.
26.5.11 Should any fraudulent and/or suspicious activity or suspicious traffic take place, logicSMS reserves the right to hold back payment indefinitely.
26.5.12 Should a technical error or faulty communications between the logicSMS server and each network occur, which result in the Premium SMS – Inbox containing more messages than the official report of each network, the official report takes preference.
26.5.13 Payouts and/or payouts table figures are subject to change with 30 days written notice.
26.5.14 LogicSMS Terms and conditions apply.
26.5.15 WASPA Code of Conduct and Terms and Conditions apply.
26.6. SUPPORT26.6.1 All queries regarding your dedicated short code, technical and payouts and account must be sent to the following address: support@logicsms.co.za during office hours for a response within a reasonable time.
26.7. INVOICING / RENTAL26.7.1 The rental for the dedicated short code is paid in advance.
26.7.2 Invoices will be automatically generated and will be available from the first working day of each month.
26.7.3 Invoices and statements can be downloaded and/or viewed online on your account under the Invoices link after you have logged in.
26.7.4 Invoices are payable immediately.
26.7.5 Reminder procedures will commence on/after the 10th of each month.
26.7.6 If you require additional time, please contact us in writing via email or fax.
26.8 GOVERNING LAWShould there be a dispute in regard to the interpretation of the terms of this Agreement or the standards to be achieved in respect of the project as a whole or in relation to a part thereof, the parties shall agree on the selection of an Arbitrator who shall have the appropriate qualifications to tend to such dispute and:
26.8.1 Both parties shall draw up their contentions in respect of the dispute and shall forward same to the Arbitrator within 7 days of the Arbitrator’s selection by the parties.
26.8.2 The Arbitrator may call upon the representatives of the parties either singly or together to elicit further information to assist the Arbitrator in making his / her decision.
26.8.3 The Arbitrator’s decision shall be final.
26.8.4 Such arbitration proceedings shall not be subject to the Arbitrations Act 1965.
26.8.5 The party least favoured by the Arbitrator’s decision shall be liable for the entire costs of the arbitration proceedings.
27. AFFILIATE WASP27.1 LogicSMS may require a client to register as an Affiliate WASP with WASPA
27.2 LogicSMS may suspend all services and payouts until the completion of the application
27.3 Upon receiving a WASPA Affiliate membership, the client may undergo a 3 month waiting period before payouts can be claimed.
27.4 WASPA Affiliate membership is identified by a document/certificate as issued by WASPA and must be remain valid during the campaign
27.5 The client must submit all necessary documentation to WASPA as part of the Affiliate WASP application process.
27.6 The client is responsible for any fees associated with the Affiliate WASP membership application and annual membership dues.
27.7 After obtaining the Affiliate WASP membership, the client must continue to comply with all WASPA regulations and LogicSMS Terms and Conditions.
27.8 Failure to comply with WASPA guidelines or LogicSMS Terms and Conditions may result in the suspension of services and payouts until compliance is achieved.
27.9 The client will be required to handle all WASPA complaints and fines not limited to WASPA Heads Up and Complaints.