MTN Bulk SMS Terms

The Bulk SMS service provided by MTN Nigeria Communications Limited (MTN) to you (“the customer”) is governed by the following terms and conditions:

1. Scope of agreement


The customer agrees to the terms and conditions specified in this Policy and indicates such acceptance by either completing the application form (‘the application form’) to which this Policy is attached or registering on the MTN website (www.mtnonline.com) or any other MTN registered website for the Service.

The agreement between MTN and the customer is deemed established as soon as the username and password required for using the BULK SMS Services has been provided. This Policy and the application form (hereinafter collectively referred to as the ‘agreement’) supersedes any and all other agreements explicit or implied between the customer and MTN with regard to the Services.


2. Usage of Bulk SMS messaging service from MTN

2.1    Security and authentication


Upon acceptance of the agreement by MTN and once the registration process is successfully completed, the customer’s account information will be activated and will be communicated to the customer. The customer’s account information will be the only identifiers by which MTN will identify the customer whilst using the Service(s). The customer acknowledges that no further verification or authentication of the identity of the customer will be undertaken by MTN, and consequently, all activities concluded on the MTN Bulk SMS service, which can be traced to the customer’s account information, shall be deemed to have been undertaken exclusively by the customer, and the customer is, therefore, legally bound for all transactions resultant from such activities. It is, therefore, the customer’s responsibility to ensure that the account information are handled with care and not subjected to negligent usage. The customer indemnifies MTN against any claims, actions or damages as a result of the fraudulent or unauthorized use of the customer’s account information or loss thereof.

2.2   Risks


Due to the nature of the Service, MTN cannot be held responsible for risks incurred through the use of the Service(s), as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission. Thus, the customer is fully and exclusively liable for any and all risk resultant from the use of the service, Bulk SMS from MTN.

2.3   Limitation of liability


The Services and all information, products and other content (including third-party information, products and content) included in or accessible from the MTN website or the Service are provided ‘as is’ and are subject to change at any time without notice to the customer. To the fullest extent permitted by law, MTN disclaims all presentations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the Services and all information, products and other content (including third-party information, products and content) included in or accessible from the MTN website or the Services. In no event shall MTN or any of MTN's Service Providers be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the MTN website or the Services, even if MTN has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise.


3. Access to the Service

MTN shall use all reasonable endeavors to ensure that the Services are available on a 24-hour, 7 days per week basis. The customer is responsible for obtaining all devices and services necessary to enable access to the Service and the use of such Services.

3.1   Nature of Services


3.1.1   Message delivery

The customer acknowledges and accepts that the provision of the Service may be enabled through MTN’s agreements with various telecommunications network operators (‘local and international’) in various countries, and MTN is, therefore, only able to act under the conditions imposed through such agreements. A list of MTN’s Roaming Partners from time to time is available on the MTN website. The delivery of SMS messages is subject to the availability and performance of the MTN network and the other network operators’ technical systems and network and cannot be guaranteed by MTN. Specifically, SMS messages submitted through the MTN network will be transferred to the recipient’s mobile terminal within times ranging from a few seconds to a few minutes depending on the conditions prevalent at the time of submission. Also, message delivery performance is subject to the recipient’s mobile terminal being switched on and located within an area that is acceptably covered by the recipient’s telecommunications service provider. Certain telecommunications service providers prevent their subscribers from receiving SMS messages, for reasons beyond MTN’s control, and in such cases, the delivery of SMS messages is not possible.

3.2   Submission of large message volumes


When the customer requests a large number of messages to be transmitted (> 36,000 messages per hour), the quality of the Service may be degraded due to capacity and technical constraints imposed by MTN or other Network Partners. In such instances, delays may be encountered, and MTN cannot be held liable for consequences resulting from such service degradation. However, upon sufficient advance notice (at least one business week) by the customer to MTN of large volume transmission, MTN shall use all reasonable endeavours to ensure, but cannot guarantee, that such delivery shall be made without disruptions.

3.2.1   Message validity


SMS messages submitted to the MTN network for transmission shall have an assigned validity period of 3 (three) days, during which time MTN shall, at regular intervals, attempt to effect delivery of the SMS messages. Should the validity of the message expire prior to successful delivery, all unsent messages shall be discarded without notice to the customer.

3.3   Privacy of message content


The handling of messages submitted through the MTN network is subject to Nigerian privacy laws. MTN may be required to maintain SMS message logs of all transmissions and to further make such SMS message transmission reports available to government and legal authorities upon explicit request. The customer acknowledges that SMS messages are transmitted in an unencrypted format, and as such, MTN cannot guarantee against eavesdropping on SMS messages at any stage.

3.4   Changes to service offerings and content

MTN reserves the right to modify, enhance, discontinue and further develop Bulk SMS Service or its service offerings and contents on the MTN website any time without prior notice.


4. Customer's responsibilities and liability


4.1   Malicious disruptions and damages

Should the customer be implicated in malicious disruptions or damages to the Service(s) or MTN’s website, the customer shall be liable for all damages (whether direct or indirect) and associated costs resultant from such malicious activity.

4.2   SMS content


The customer accepts full responsibility for the content of SMS messages transmitted by MTN on the customer’s behalf. The customer agrees not to submit any SMS messages for transmission by MTN, the content whereof is improper, immoral or unlawful or which contains any violent, offensive, discriminatory, illegal or pornographic material. The customer must reasonably ensure that the content of SMS messages does not cause disturbance or harassment to the recipient thereof. The customer agrees not to submit any SMS messages for transmission by MTN, the content whereof makes reference to any of MTN’s competitors or to products or services provided by MTN’s competitors.

For the purposes of this clause ‘MTN competitors’ shall include any third party who provides products or services in competition with any products or services offered by MTN and/or who provides wireless telephony services and/or who operates a wireless telephony network (whether directly or indirectly) in Nigeria or any territory or country within which MTN either directly or indirectly operates or is active. The customer must ensure that only Alpha Tags submitted and approved by MTN will be used as subject header on messages to be sent out by the customer using Bulk SMS.

MTN is bound to ensure the delivery of a valued service and will not tolerate spamming of SMS messages by the customer. Therefore, the customer is not permitted to send messages to recipients who have advised that they do not wish to receive SMS messages of a particular or any kind. Failure to abide by the provisions of this clause will result in the suspension of access to the Services, without recourse to any Service fees paid to MTN, and the customer shall be liable for and hereby indemnifies MTN (including its agents, shareholders, employees, officers and subsidiaries) against any claims, loss or damages caused as a consequence of the failure by the customer to abide by the provisions of this clause. The customer agrees that he/she may only send messages to MTN’s subscribers and to subscribers of other national networks.

4.3   Customer's responsibilities and liability


MTN reserves the absolute right not to deliver any SMS message unless and until the identification of the originator thereof, or its authorised representative, is known and understood by MTN.

4.4   Termination of the Service(s)


At any time during the tenure of this agreement, the customer acknowledges that MTN reserves the right to terminate the customer’s account and discard and remove any content, for any reason, including without limitation, for non-use of the Service or if MTN, in its reasonable opinion, believes that the customer has contravened or breached any provision of this agreement without notice. MTN may also, at its sole discretion, at any time cease to provide the Service, or any part thereof, and make modifications and changes to the Service. The customer also fully understands, accepts and further indemnifies MTN fully against any claims by the customer or any third party as a result of such termination of Service, or part thereof.


5. Billing

5.1   SMS billing methodology


The customer agrees to pay the charges, to MTN or the customer’s service provider as the case may be, as set out in the application form. Should there be a disputed transaction, MTN shall endeavor to make the necessary investigations to the best of its abilities and attempt to rectify the discrepancy, but should such investigations prove to be inconclusive, the message transaction logs, as maintained by MTN, shall be deemed to be true and accurate for accounting purposes. The eventual delivery of SMS messages is largely dependent on the effective functioning of the recipient’s mobile terminal and network, systems and infrastructure. Consequently, MTN cannot guarantee the delivery of messages that may be affected by possible network outages and errors on the part of any other operator’s network.

5.2 Account Balance


The Bulk SMS account balance is non-refundable and does not bear interest. MTN shall not refund the customer for undeliverable messages unless caused by an error in the MTN network.


6. Complaints

All complaints relating to the services provided to the customer must be directed to MTN, in writing and within 7 (seven) business days of the event causing the objection at the following address:

MTN Apapa, Maritime House Apapa, Lagos Nigeria, marked for the attention of the Customer Relations Manager. Or, simply call MTN Helpline 180 or fill out the customer care page on www.mtnonline.com.


7. Intellectual property rights

The information, media, systems, content and Services provided by MTN through the MTN website for the customer’s use, including all intellectual property rights therein, is the sole property of MTN, and the customer shall at no stage acquire any rights therein or thereto.


9. Applicable law

The laws of the Federal Republic of Nigeria govern this contract. The customer fully acknowledges that any disputes resulting in legal intervention shall be concluded within the jurisdiction of the Federal Republic of Nigeria and that the applicable laws of the Federal Republic of Nigeria shall prevail.


10. Interpretation and nullification of clauses

The customer agrees to accept all aspects of this agreement and shall comply with all laws, regulations and restrictions that apply to the customer. MTN shall be entitled to modify the terms and conditions of this Policy in writing from time to time. Any delay in the enforcement of any term of this agreement shall not be deemed to be a waiver of such right(s).


11. Addresses

The customer’s address for the delivery of all notices, including any legal notices, shall be the physical address provided by the customer when registering for the Service. MTN’s address for the delivery of all notices, including any legal notices, shall be as follows:

Golden Plaza Building,
Falomo
Ikoyi
Lagos, Nigeria.

A party may at any time change that party’s address on 10 (ten) days’ notice in writing to the other provided that the chosen address consists of or includes a physical address. Any notice given in connection with this agreement shall be delivered by hand or be sent by registered post.

Notice as set out above shall be deemed to have been duly given if delivered on the first business day after the date of delivery and if sent by post 10 (ten) days after posting.