Acceptable Use Policy

1. Introduction

1.1 This Acceptable Use Policy (as updated from time to time) is incorporated into our Agreement pursuant to the Terms and Conditions. It governs how the Customer and Authorised Affiliates may access and use the Services.

1.2 Defined terms in this Acceptable Use Policy shall have the meaning given in the Terms and Conditions as applied by our Agreement and the same rules of interpretation apply. In addition, in this Acceptable Use Policy the following definitions have the meanings given below:

AITmeans any situation where Transactions:are sent, generated and/or simulated for the direct or indirect benefit of any entity (including a natural person) operation, or as a result of any activity by or on behalf of such entity; andresult in a pattern which is disproportionate to the overall amount and/or extent of Transactions which would be expected from good faith usage or acceptable and reasonable commercial practice and shall include, without limitation:any situation where any member of the public (including partnerships, companies and corporations) is misled into sending or receiving Transactions by such party;any breach of any relevant law or of any then current industry ruling, regulation, convention, policy guidance or statement of principle; orany activity which has the effect, intended effect or likely effect of preventing the billing system from capturing any necessary billing information or causing incorrect billing by the billing system.
Smishingmeans smishing, phishing and vishing as are in common usage in the mobile telecommunications industry and where “Smishing” is used in this Acceptable Use Policy it shall have those common industry meanings. 
Terms and Conditions means the latest version of the document available at as Updated from time to time; and
Virus means any virus, disabling code (including code intended to limit or prevent any use any software or system) or other malicious software (including malware, trojan horses, ransomware and spyware).

1.3 The Customer and Authorised Affiliates are only permitted to use and access the Services for the Permitted Purpose as defined in our Agreement and in accordance with its terms. Use of the Services (or any part) in any other way, including in contravention of any restriction on use set out in this Acceptable Use Policy, is not permitted. If any person does not agree with the terms of this Acceptable Use Policy, they may not use the Services.

1.4 The Supplier shall be permitted to make changes to this Acceptable Use Policy at any time to ensure compliance with any Applicable Law and any Network Operator terms and conditions.

2. Restrictions on use

2.1 As a condition of use of the Services, the Customer (on its own behalf and on behalf of Authorised Affiliates and Authorised Users) and each Authorised User agrees not to use the Services nor permit them to be used:

2.2 The Customer (on its own behalf and on behalf of Authorised Affiliates and Authorised Users) and each Authorised User agrees that it shall not operate, without the prior written consent of the Supplier, whether directly through a third party, any device to route or re-route any Transaction or the Service on, from or to the networks used by the Supplier in providing the Services, including without limitation:

2.3 The Customer shall not and shall procure that its Authorised Affiliate and Authorised Users shall not directly or indirectly provide the Services to, or allow them to be used by, any third parties. Any use of the Services by a third party in breach of this clause shall be the sole responsibility of the Customer.

2.4 The Customer shall immediately inform the Supplier if it becomes aware of the Services being used in breach of any of the provisions set out in this Acceptable Use Policy or any other provision of our Agreement.

2.5 The Customer shall at all times remain responsible for the use of the Services under its control, including use by third parties (whether fraudulent or invited by the Customer).

2.6 The Customer, its Authorised Affiliates and Authorised Users must at all times treat the Supplier’s employees and representatives with respect and courtesy and must not verbally abuse, harass, threaten or use threatening or upsetting language towards the Supplier’s employees.

3. Customer Data and communication standards

3.1 Any Customer Data or communication made on or using the Services by any person must conform to appropriate and lawful standards of accuracy, decency and lawfulness, which shall be applied in the Supplier’s discretion, acting reasonably. In particular, the Customer warrants and undertakes that any Customer Data and each such communication shall at all times be:

3.2 The Customer shall remain responsible for the content of any Customer Data and any other communication made on or using the Services and the Supplier will be under no obligation to monitor, or be in any way liable for, such content. 

3.3 The Customer shall ensure that any Transactions containing direct marketing are sent in accordance with the relevant data privacy laws, including the requirement to obtain express consent, notifying the receiver of their option to opt-out and the times during which Transactions can be sent.