On 4 June 2021, we updated the Terms & Conditions which form part of your Customer Contract and govern your use of the MessageMedia Services. These updates will take effect from 19 June 2021.
Below is a summary of some of the other key differences between the existing and updated Terms and Conditions. All capitalised terms which are not defined have the meaning as set out in the Terms and Conditions.
- If you are a Preferred status customer we may ask you to provide written attestation (rather than a statutory declaration) that you are complying with the requirement to send 90% of your messaging via MessageMedia.
- Clauses 6-8 set out more clearly the inclusions in the Monthly Access Fee and message credits, the top up mechanism and the expiry of credits.
- If you are integrating your MessageMedia account with a third party application or platform (for example HubSpot, Netsuite etc), you are responsible for the integration and any transaction you enter into with that third party. You also agree to indemnify us in connection with loss or damage we suffer as a result of your integration with such third parties.
- We have clarified clause 23 to confirm that you are responsible for obtaining End User consent to both send messages to the End User, and for MessageMedia to store End User Personal Information and data.
- We have updated the MMS calculation to outline new charges which relate MMS for various MMS sizes .
- We have included a new right to charge you if you ask us to provide billing services for you, for example, if you ask us to access your purchasing platform and enter our invoices. We have also increased charges where you choose to pay via non-Direct Debit to $10, and clarified the credit card surcharges payable (Amex/Diners Club 3% and Visa/Mastercard 1%).
- We have included a right to charge you late payment charges to accounts where the payment is more than 15 days overdue. A late payment fee will be charged at 2% per month of the unpaid amount from the due date until the date payment is made in full (or a lesser amount permissible at law).
- We have reduced the timeframe by which you must raise a billing dispute to 60 days after the payment for a particular bill is due (previously 12 months).
- You are responsible for all taxes and our pricing is exclusive of taxes
- We have included an ability for us to terminate your Contract immediately if you breach the confidentiality obligations in clause 21.
- We have moved the Design Services Terms and Conditions here
- We may make non-material changes to the Terms & Conditions without notifying you. We will continue to notify you if there are any material changes.