Vendor Terms
Terms and Conditions
The following Terms and Conditions govern the use of W2WTS Software, SaaS, and Messaging Products and Services specially SMS Messaging Solutions ("CRM or ERP or SaaS or Bulk SMS Cloud Products and Services" or "the Products" or "the Services") by the User ("User" or "Users"). By accessing and using the Products or Services, the User agrees to be bound by these Terms and Conditions.
*For Whatsapp messaging further check with UAE TDRA or your respective destination GRA (Govt Regularity Authority fro whatsapp, it could be TRA or RA etc)
Important: UAE SMS Messaging Rules
As per the Telecommunications Regulatory Authority (TRA/TDRA UAE) Regulatory Policy dated December 30, 2009, unsolicited electronic communications are prohibited in the United Arab Emirates (UAE). The following terms must be adhered to as per TRA UAE:
Consent Requirement: Organizations or individuals must obtain customer consent (Opt-in proof) before sending promotional messages.
Opt-Out Clause: All messages must clearly communicate an opt-out clause to the recipient.
Messaging Timeframe: Promotional messages can only be sent between 7 AM and 9 PM UAE time.
Prohibited Content: Messages containing spam, scam, lottery, personal, abusive, or threatening content are strictly prohibited.
Definitions
Consent: Approval by a recipient to receive electronic communications, as required by the regulatory policy.
Customer: Any company or entity using W2WTS messaging services and GSM network to send or receive messages to/from mobile subscribers.
Client: A recipient to whom SMS/MMS service is being delivered via W2WTS.
Electronic Communication: Communications conveyed via a telecommunications network to an electronic address.
W2WTS: Wired 2 Wireless Technology Solutions or W2WTS FZE as registered.
SMS/MMS Center: Short/Multimedia Message Service Center.
Telecom Regime: The telecom regulatory framework in the UAE, including the Telecom Law, Executive Order, and all policies, regulations, orders, resolutions, procedures, guidelines, instructions, and determinations issued by the TRA.
Telecom Law: Federal Law by Decree No. 3 of 2003 for UAE and applicable laws in respective countries.
UEC Regulatory Policy: The TRA’s Unsolicited Electronic Communications Regulatory Policy Version 1.0 issued on December 30, 2009, and its amendments.
Service Provision
Service Tools: W2WTS shall provide the Customer with tools and connectivity services to send SMS as listed.
System Requirements: Customers must ensure that their systems (hardware and software) support online SMS/MMS push and pull applications and are compatible with W2WTS’s systems.
Connectivity: Connectivity between the Customer’s server and W2WTS’s network can be through the Internet or any mutually agreed configuration. Setup costs and rental charges are the Customer’s responsibility.
Regulatory Compliance
UEC Regulatory Policy: The provisions of the UEC Regulatory Policy are incorporated into these Terms and Conditions. Any breach by the Customer may result in penalties, contract suspension, or termination.
Customer Obligations: Customers must comply with the UEC Regulatory Policy, including:
Avoiding Mobile Spam.
Obtaining Consent before sending Marketing Electronic Communications.
Adhering to the Opt-in Procedure.
Ensuring transparency in obtaining Consent.
Storing and presenting Consent records when required.
Providing a free means for recipients to unsubscribe.
Not sending requests for Consents via voice calls or Mobile Text Messages.
Not sending Marketing Electronic Communications between 9 PM and 7 AM.
Not encouraging premium rate numbers in Marketing Electronic Communications.
Complying with all applicable country-specific regulations regarding prohibited content, including spam, scam, lottery, personal, abusive, or threatening messages.
Customer Responsibilities
Customer Support: Customers must provide adequate support to their clients related to messaging services.
Content Compliance: Customers must ensure their content conforms to UAE laws and cultural standards.
Liability: Customers are responsible for the accuracy, legality, and authenticity of their content and shall indemnify W2WTS against any claims arising from their service.
Misuse: Customers are responsible for any misuse of the Services/Content.
Targeted Messaging: SMS/MMS messages should not be sent randomly.
Approvals: Customers must obtain necessary government approvals for services, content, or prize draws.
Equipment Compatibility: Customer equipment must not adversely affect W2WTS equipment/services.
Equipment Liability: W2WTS is not responsible for Customer equipment performance or damage.
Network Damage: Customers are liable for any damage to W2WTS network or equipment caused by their equipment.
Termination and Charges
Arrears: W2WTS can recover all arrears upon termination.
Database: Customers must maintain their own client database and provide opt-out options.
Messaging Hours: SMS/MMS messages can be sent only between 7 AM and 9 PM unless requested by the client.
Opt-Out Procedures: Customers must provide a simple, free opt-out procedure.
Premium SMS/MMS Billing: Charges are billed and collected by W2WTS as per their procedures.
Reimbursement: Reimbursements are based on actual SMS/MMS generated, paid quarterly.
Customer Support: W2WTS Customer Support handles service complaints.
Revenue Calculation: W2WTS’s records are final for revenue calculations.
Pricing: Customers can set SMS/MMS prices, subject to mutual agreement and a ceiling of AED 100.
Price Disclosure: Customers must disclose SMS/MMS charges prominently.
Service Discontinuation: W2WTS can discontinue service if pricing information is not clearly provided.
Service Scope: W2WTS only provides access to SMS/MMS Center and billing facilities.
Notification: Customers must notify W2WTS of new short codes or rate changes at least one week in advance.
Recipient Rights: Recipients can block customers via operator’s anti-spam facility.
Modification of Terms: W2WTS reserves the right to modify terms with notice. Continued use constitutes acceptance.
Termination: W2WTS can terminate the contract for non-payment or breach of terms.
Liability Limitation: W2WTS’s liability is limited to amounts paid by the Customer in the preceding year.
Connection Charges: Customers are charged for setup and rental as per W2WTS’s terms.
Precedence: These Terms and Conditions take precedence over other agreements.
Content Rules: Specific rules regarding SMS content, sender restrictions, and delivery reports will be communicated via email.
General Terms
These Terms and Conditions are binding and enforceable for all users of W2WTS websites or platforms. If you do not agree, you may not use W2WTS services. Reasonable use of W2WTS websites or platforms binds the User to this agreement.