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Terms and Conditions

Last Updated: [09/09/2025]

These Terms and Conditions (“Terms”) govern your use of the messaging services (“Services”) provided by Bulk SMS Now (“we,” “us,” “our”). By accessing or using our website, platform, or Services, you (“you,” “your,” “Customer”) agree to be bound by these Terms.

  1. Acceptance of Terms

By registering for, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

  1. Definitions
  • “Account” means your customer account with Bulk SMS Now.
  • “Content” means any information, text, data, or other materials sent through our Services.
  • “Credit” means the pre-paid monetary value in your Account used to pay for Services.
  • “Message” means a single SMS, MMS, or other electronic communication sent via the Services.
  • “Platform” means our website, software, APIs, and interfaces used to deliver the Services.
  • “Recipient” means the individual or device that receives a Message sent by you.
  1. Services

Bulk SMS Now provides a platform for sending bulk SMS and MMS messages to Recipients. You are responsible for obtaining the necessary hardware, software, and telecommunications services to access our Platform.

  1. Account Registration and Security
  • You must provide accurate and complete information during registration and keep this information updated.
  • You are responsible for maintaining the confidentiality of your Account login credentials and for all activities that occur under your Account.
  • You must immediately notify us of any unauthorized use of your Account or any other security breach.
  1. Acceptable Use and Prohibited Content

You agree not to use our Services to send any Content that is, or that we deem to be:

  • Illegal or Fraudulent: Content that violates any applicable law, regulation, or is intended to commit fraud, phishing, or other illegal activities.
  • Spam: Unsolicited bulk or commercial messages (“spam”) that do not comply with applicable laws. You must ensure you have prior express consent from all Recipients.
  • Harmful or Malicious: Containing viruses, Trojan horses, worms, or any other malicious or harmful code.
  • Offensive or Harassing: Defamatory, obscene, abusive, invasive of privacy, harassing, or otherwise objectionable.
  • Infringing: Content that infringes or misappropriates any third party’s intellectual property or proprietary rights.
  • Restricted Industries: Content related to high-risk industries such as payday loans, debt collection, gambling, adult content, or cannabis without our prior written consent. We reserve the right to refuse service to these industries.

We reserve the right to suspend your Account or refuse Service immediately if we believe you are violating these rules.

  1. Consent and Compliance (TCPA, CTIA, etc.)
  • Your Responsibility: You are solely responsible for ensuring that your Messages comply with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA) in the U.S., CASL in Canada, and GDPR in the EU.
  • Proof of Consent: You must obtain and document prior express written consent from each Recipient. Upon our request, you must provide proof of such consent within 7 business days.
  • Opt-Out Mechanism: Every Message you send must include a clear and functional opt-out mechanism (e.g., “Reply STOP to unsubscribe”). You must honor all opt-out requests immediately and cannot charge a fee for this.
  1. Credits, Pricing, and Billing
  • Pre-Payment: Our Services operate on a pre-paid Credit basis. You must purchase Credits before sending Messages.
  • Pricing: Pricing for Messages is as published on our website and is subject to change. We will provide reasonable notice of any price changes.
  • Non-Refundable: All Credit purchases are final and non-refundable, except as required by law or at our sole discretion.
  • Validity: Purchased Credits are valid for 12 months from the date of purchase, after which they will expire.
  • Taxes: You are responsible for paying all taxes, duties, and government charges associated with your use of our Services.
  1. Service Availability and Limitations
  • We will use commercially reasonable efforts to ensure the Services are available 24/7. However, we do not guarantee uninterrupted or error-free service and are not liable for any downtime or delays.
  • The delivery of Messages is dependent on the networks of mobile carriers, which are outside of our control. We do not guarantee the delivery or timeliness of any Message.
  • We impose limits on the volume of Messages you can send, which may be adjusted at our discretion.
  1. Intellectual Property
  • All intellectual property rights in our Platform, website, and Services are and will remain our exclusive property.
  • You retain all rights to the Content you send. By using our Services, you grant us a limited, royalty-free license to use, transmit, and store your Content solely for the purpose of providing the Services to you.
  1. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BULK SMS NOW EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BULK SMS NOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; OR
(D) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH OUR SERVICES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Bulk SMS Now, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any copyright, property, or privacy right; or (d) any claim that your Content caused damage to a third party.

  1. Termination
  • You may terminate your Account at any time by contacting us.
  • We may suspend or terminate your access to the Services immediately, without prior notice or liability, if you breach these Terms.
  • Upon termination, your right to use the Services will cease immediately. Any unused Credits in your Account will be forfeited.
  1. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes by posting the new Terms on our website with a updated “Last Updated” date. Your continued use of the Services after any change constitutes your acceptance of the new Terms.

  1. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia without regard to its conflict of law provisions. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Victoria Australia

  1. General
  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights without restriction.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  1. Contact Us

If you have any questions about these Terms, please contact us at:
Bulk SMS Now
Email: customersupport@bulksmsnow.com.au