Supplemental Terms for Certain Agean Services

Certain of Agean's Services are subject to additional terms and conditions, as provided in the links below:-

Terms for Agean's smsZy

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 Agean 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.

Interconnection Method

The Service will include HTTP standards conversion to enable termination of such Mobile Terminating A2P SNS traffic. Services routed to Agean shall be terminated through Agean’s direct termination relationship(s) with MNO’s or other third parties.

Agean shall not be responsible for SMS delivery failures due to any active screening, and/or blocking of SMS traffic by A2P SMS destinations.

Service Pricing

The pricing for services is listed within the Agean smsZy portal. Agean reserves the right to update its prices when required and the updated prices will be accessible within the Agean smsZy 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, Agean 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 Agean smsZy 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 Agean’s platform and shall at all times make necessary arrangements to prevent such traffic from reaching Agean’s platform. Should unsolicited traffic nonetheless be sent by the Customer to the Agean platform, the following actions shall be taken:

  1. The party detecting that unsolicited traffic has been sent shall immediately contact the other party informing that unsolicited traffic has been sent.
  2. 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 Agean as a result of unsolicited or illegal SMS traffic sent by Customer to Agean.

​ If there is any violation of this clause, Agean 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 Agean 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, Agean 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, Agean 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 Agean for any loss, cost, damage, expense or liability that arises from failure by the Customer to comply with the requirements of this clause.

Acknowledgements

The Customer acknowledges that:

  • The Agean network is not necessarily a secure and confidential method of communication and the Customer transmits material on the Agean Network at the Customer’s own risk;
  • Agean 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 Agean is not responsible in any way for the nature, content and form of that material, access to that material or use of that material;
  • Agean 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, Agean 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 Agean concerning any access restrictions, Agean’s network security or the Customer’s network security.

Important Notice: In order to create an @voice Account, (used herein, as “Account”), as defined in the our Terms of Use, Agean must provide certain disclosures required by the Australian Communications and Media Authority (ACMA). Agean can only provide these disclosures and other information electronically if the applicant consents.

1. Definitions

In this E-Sign Consent, the following definitions apply: “I” and “me” mean the person who is applying to establish an @voice Account. “You” means Agean and any person, company, bank or financial institution that is an assignee of Agean’s rights.

2. Consumer Consent

By checking the “I agree to have the Terms and Conditions presented electronically,” which I hereby adopt as my electronic signature, I affirmatively consent and agree that:

  • You can provide all disclosures required by law and other information about my legal rights and duties to me electronically.
  • My electronic signature on agreements and documents has the same effect as if I signed them in ink.

You can send all communications, billing statements and disclosures, including, but not limited to, this Agean E-Sign Consent, our Privacy Policy, Service Schedules and all tax statements and documents (collectively defined as “Disclosures”) to me electronically (1) via email, (2) by access to a web site that you designate in an e-mail notice you send to me at the time the information is available, or (3) to the extent permissible by law, by access to a web site that you generally designate in advance for such purpose.

3. What I Will Need

I understand that in order to access and retain the electronic Disclosures I will need the following:

  • A computer with an Internet connection.
  • A current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Opera current version (see www.opera.com for current version). The browser must have cookies enabled.
  • A valid email address.
  • Sufficient storage space to save past Disclosures and/or an installed printer to print them.
  • If I use a spam filter that blocks or re-routes emails from senders not listed in my email address book, I must add info@atomtel.com to my email address book.
4. Requesting Paper Documents and Withdrawing Consent

I understand that I may request paper copies of the Disclosures within 180 days of the date of the Disclosure, and that you will provide them to me by mail at no charge. I understand that I have the right to receive these Disclosures in paper form. I can request paper copies and/or withdraw consent by contacting you at:

Agean Sdn. Bhd.
Customer Support — Legal
Level 2, 152 Elizabeth Street
Sydney NSW 2000

Any withdrawal of my consent to receive electronic Disclosures will be effective only after you have a reasonable period of time to process my withdrawal. I understand and agree that if I withdraw my consent to receive electronic Disclosures you may – though you are not obligated to – cancel my Account.

5. Updating Email Address

I can change my email address by signing into my Account at any time. I can also do this by contacting you at:

Agean Sdn. Bhd.
Customer Support — Legal
Level 2, 152 Elizabeth Street
Sydney NSW 2000

6. Legal Effect

By consenting, I agree that electronic Disclosures have the same meaning and effect as if you provided paper Disclosures to me. When you send me an email or other electronic notification alerting me that the Disclosure is available electronically and you do in fact make it available online, that shall have the same meaning and effect as if you provided a paper Disclosure to me, whether or not I choose to view the Disclosure, unless I had previously withdrawn my consent to receive Disclosures electronically. I understand and agree that Disclosures are considered received by me within 24 hours of the time posted to your website, or within 24 hours of the time emailed to me unless you receive notice that the email was not delivered.

7. General

I understand and agree that you reserve the right to cancel this electronic Disclosure service, change the terms of use of this service or send Disclosures in paper form at any time. I understand and agree that you are responsible for sending notice of the Disclosures to me electronically including at the email address I have provided, but are not responsible for any delay or failure in my receipt of the email notices.