Terms for Atom Telecom's SMS Platform
This Service Schedule is subject to the terms and conditions of the Wholesale Services Agreement (‘Agreement’) between the parties and when signed by both parties incorporated into and forms part of the Agreement in this Service Schedule, unless the context otherwise requires:
‘Service’ means the service described in this Service Schedule and any related equipment or other goods and services Atom supplies to the Customer in connection with the Service. Other terms have meanings given to them in clause 18 of the Agreement.
Description of the Service
Mobile Messaging Service – an application-to-person (‘A2P’) short messaging services (‘SMS’) originating from any application and intended to be terminated to a mobile subscriber’s handset.
The Service will include HTTP standards conversion to enable termination of such Mobile Terminating A2P SNS traffic. Services routed to Atom shall be terminated through Atom’s direct termination relationship(s) with MNO’s or other third parties.
Atom shall not be responsible for SMS delivery failures due to any active screening, and/or blocking of SMS traffic by A2P SMS destinations.
The pricing for services is listed within the Atom Telecom SMS Platform portal. Atom reserves the right to update its prices when required and the updated prices will be accessible within the Atom Telecom SMS Platform portal and will be in effect immediately. In the event that any such Regulatory Fees are determined to be applicable on the Services as a result of any assessment, determination, judgement, and/or change in law, Atom shall include such regulatory fees as a line item on the applicable invoice by providing Customer with ten (10) business days prior written notice that such fee will go into effect.
All charges are charged in advanced and the Customer can perform a top-up of their account on the Atom Telecom SMS Platform portal using a credit card.
Unsolicited and Fraudulent Traffic
Customer will not use any Services for any illegal, immoral or improper purpose or in any manner which contravenes applicable laws and codes, regulatory requirements of the appropriate jurisdiction or A2P SMS Destination requirements as they exist and as they change over time and will not to allow any third party to do so. Customer, Affiliates, Customers and Customer of Customers shall under no circumstances send any unsolicited traffic to Atom’s platform and shall at all times make necessary arrangements to prevent such traffic from reaching Atom’s platform. Should unsolicited traffic nonetheless be sent by the Customer to the Atom platform, the following actions shall be taken:
The party detecting that unsolicited traffic has been sent shall immediately contact the other party informing that unsolicited traffic has been sent.
The parties shall immediately initiate efforts to work in good faith and exchange information (with timestamp, content, destination number and originator) in order to determine the source of the unsolicited traffic as soon as possible after the incident.
Customer shall be liable to pay any fines or penalties levied by a government or regulatory body on Atom as a result of unsolicited or illegal SMS traffic sent by Customer to Atom.
If there is any violation of this clause, Atom reserves the right to immediately suspend (i.e. temporarily stop providing the Service) or terminate this Service Addendum.
Caller Line Identification (CLI)
The Customer must provide the CLI of the A-party to Atom on all SMS. The Customer acknowledges and agrees that:
If the User does not bar CLI in respect to SMS transiting by the Service, when a SMS is made using the Service, the relevant telephone number may be sent automatically to the equipment of the called party;
If a party send an SMS and has barred their CLI from SMS made from their equipment, the telephone number of the sending party may be displayed on the screen of the handset which receives the SMS, if the handset is technically capable of displaying CLI; and
Where a party sending an SMS has chosen to bar CLI then, if the Customer requests, Atom will pass the CLI of the calling party to the Customer via the Service, and the Customer must comply with its obligations under the Telecommunications Act 1997 (Cth) to bar the CLI prior to terminating the call to the User.
For SMS sent outside of Australia, Atom is unable to guarantee that the original CLI used to sent will be displayed on the screen of the handset which receives the SMS, as different countries have different interpretation of how CLI's are passed through.
The Customer agrees to indemnify Atom for any loss, cost, damage, expense or liability that arises from failure by the Customer to comply with the requirements of this clause.
The Customer acknowledges that:
The Atom network is not necessarily a secure and confidential method of communication and the Customer transmits material on the Atom Network at the Customer’s own risk;
Atom does not and is not able in any way to supervise, edit or control the nature, content and form of any material available to be accessed through use of the Services and that Atom is not responsible in any way for the nature, content and form of that material, access to that material or use of that material;
Atom will not be responsible for ensuring that any material sent or received by means of the Services is sent or received correctly; and
To the full extent of the law permits, Atom makes no representation or warranty as to the effectiveness or fitness for purpose of any access restrictions, their network security or the Customer’s network security. The Customer must make no claim against Atom concerning any access restrictions, Atom’s network security or the Customer’s network security.