Order Status Notification Service Terms & Conditions
These terms and conditions (“Agreement") govern your use of the DPos Order Status SMS Notification Service provided by Deliverit Software Pty Ltd (“Provider"). By accessing or using the service, you agree to be bound by these terms and conditions. If you do not agree with any of the provisions outlined below, please refrain from using the service.
1. Service Description
1.1 The Order Status SMS Notification Service enables you to send SMS notifications regarding the status of your orders via DPos.
1.2 The service is subject to a cost of 0.07 cents + GST per SMS of which the total number SMS sent in a calendar month will be direct debited to your nominated account monthly in arrears.
2. Account and Billing
2.1 You are responsible for maintaining accurate and up-to-date billing information associated with your account.
2.2 All charges for the service will be direct debited to your nominated bank account monthly in arrears.
2.3 Failure to make timely payments may result in the suspension or termination of all services provided by Provider.
3. User Obligations
3.1 You agree to use the Order Status SMS Notification Service in compliance with all applicable laws and regulations.
3.2 You will not use the service to send or receive any unsolicited or unauthorized messages.
3.3 You will not use the service to send or receive messages that are offensive, defamatory, or in violation of any third-party rights.
3.4 You will not use the service in any manner that could disrupt the operation or integrity of the network or any other user's experience.
3.5 You acknowledge that the content of messages sent and received through the service is your sole responsibility, and Provider assumes no liability for such content.
3.6 You acknowledge that in the event a single SMS exceeds 130 characters, it is hereby agreed that the sender (you the client) will be charged an additional 0.07 cents + GST for each SMS over 130 characters.
3.7 You acknowledge that you the client have a valid use case for the Alphanumeric Sender ID, and that the Sender ID reasonably represents your Brand or Trading Name as per the Industry Code: REDUCING SPAM CALLS AND SCAM SMS.
4. Intellectual Property
4.1 Provider retains all rights, title, and interest in and to the Order Status SMS Notification Service, including any associated intellectual property rights.
4.2 You may not copy, modify, distribute, or create derivative works based on the service, in whole or in part, without the prior written consent of Provider.
5. Limitation of Liability
5.1 Provider shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Order Status SMS Notification Service.
5.2 Provider does not guarantee the delivery, accuracy, or timeliness of any messages sent or received through the service and shall not be liable for any errors or delays.
5.3 In no event shall Provider's total liability to you exceed the amount paid by you for the service in the twelve (12) months preceding the claim.
6. Termination
6.1 Provider may suspend or terminate your access to the Order Status SMS Notification Service at any time, with or without cause, and without prior notice.
6.2 Upon termination, you will no longer have access to the service, and any outstanding charges shall become immediately due and payable.
7. Miscellaneous
7.1 This Agreement constitutes the entire agreement between you and Provider regarding the Order Status SMS Notification Service and supersedes all prior agreements or understandings, whether oral or written.
7.2 Provider may assign or transfer its rights and obligations under this Agreement without your consent.
7.3 If payments for the service end up in arrears, there is a risk of all services being terminated and/or the withholding of your Online Ordering proceeds until payment is settled.
8. Changes to this Agreement
(a) The Company, being DeliverIT Software Pty Ltd ACN 065 049 238, may amend the terms of this Agreement by giving the Client (named in the relevant Agreement or quote, as applicable) at least 30 days written notice. If the change has a material adverse effect on the Client, the Client may, within 60 days of receipt of the amendment notice and by providing no less than 30 days prior written notice, notify the Company that it does not accept these changes and that it wishes to terminate this Agreement. Where the Company doesn’t withdraw the proposed amendments during such notice period, this Agreement will terminate on expiry of such notice. For the avoidance of doubt, the Client will not be entitled to terminate the Agreement if the Company withdraws such change.
(b) The Company may be required to amend the terms of this Agreement from time to time to comply with law or to otherwise comply with the terms of our third-party acquirers or suppliers. If the Company is required to amend the terms of this Agreement in accordance with this clause 15(b), the Client acknowledges and agrees that:
(i) the Company may not, in all circumstances, be able to provide the Client with 30 days prior notice (noting that the timeframe required for the change to ensure compliance may be shorter), but will provide as much notice as is possible; and
(ii) the Client will not have the right to terminate under clause 15(a).
Please read and review these terms and conditions carefully before using the Order Status SMS Notification Service. By using the service, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.
NOTE: Before we can enable the DPos Order Status SMS Notification Service you must complete the form below.