2talk Business Messaging Terms

Outbound SMS (see definition below) is restricted to sending of messages to standard New Zealand mobile numbers only.

  1. Your contract with us

    1. These specific Terms and Conditions apply to the retail business messaging service provided by us to you and apply in addition to the 2talk Terms of Service and 2talks’ Fair Use Policy and Privacy Policy. To the extent there is any inconsistency between these Terms and Conditions and the 2talk Terms of Service, these Terms and Conditions shall take priority.
    2. Terms that are not expressly defined in these Terms and Conditions are defined in the 2talk Terms of Service.

  2. Services Overview

    1. You will be provided a New Zealand telephone number hosted by 2talk’s New Zealand infrastructure (Business Messaging Number). Your Business Messaging Number will begin with 0282561-9*. By using 2talk’s Business Messaging Number, you are accessing 2talk’s Business Messaging Service (Services).
    2. A Business Messaging Number can either be leased from 2talk, or if agreed by 2talk, ported from another supplier (where 2talk has the capability to do so). For the avoidance of doubt, if you lease a Business Messaging Number from 2talk, any associated charges are included in the charges set out below.
    3. The Services are not linked to a SIM (or E-SIM) card.
    4. The Business Messaging Number may be used to:
      1. originate calls to New Zealand and international numbers (Call Termination);
      2. receive calls from New Zealand and international numbers (Call Origination);
      3. send SMS messages to standard New Zealand mobile numbers (Outbound SMS); and
      4. receive SMS messages from New Zealand numbers (Inbound SMS).
    5. These Terms and Conditions and the Services themselves are subject to Applicable Law (defined below) and regulations in New Zealand. The Services can only be consumed by NZ based customers who have a NZ registered legal entity.
    6. Your Business Messaging Number and the Services may not be resold or commercialised in any way without 2talk’s prior written consent. If consent is obtained, you acknowledge that different terms and conditions will apply to you.

  3. Services Description

    Outbound and Inbound SMS
    1. Subject to any restrictions set out in sub - clause b to l, Outbound and Inbound SMS may only be used by you to send administrative messages to your customers, staff or suppliers.
    2. The Services must not be used for
      1. unsolicited SPAM or marketing messages;
      2. premium texts where the recipient of your text is charged an amount in addition to the standard text rate charged by their mobile provider if they respond to the Outbound SMS;
      3. the re-selling of any third party content or information; or
      4. any purpose other than the purpose stated under 2a (unless expressly agreed to by 2talk in writing).
    3. Each Business Messaging Number must be used exclusively by you and cannot be shared across multiple customers or accounts.
    4. The Services support SMS, multi message SMS and Unicode. MMS is not supported.
    5. Inbound SMS to Business Messaging Numbers on account will be delivered to you via a webhook. Outbound SMS to New Zealand numbers will be sent from you to 2talk via Rest API for SMS delivery.
    6. Inbound SMS delivery is not 100% guaranteed.
    7. Calculation of SMS charges for the Services will be based on the number of Outbound SMS you send, calculated in accordance with the following:
      1. If the content does not include non-GSM-7 characters, such as Chinese script or emoji, in SMS messages:
        1. messages are sent using the GSM-7 encoding
        2. content that contains up to 160 characters count as one SMS
        3. content that contains more than 160 characters is split up into 153-character messages each counting as one SMS for transmission, then re-assembled by the receiver’s device
      2. If the content does include non-GSM-7 characters, such as Chinese script or emoji, in SMS messages:
        1. messages are sent using the UCS-2 encoding
        2. content that contains up to 70 characters count as one SMS
        3. content that contains more than 70 characters is split up into 67-character messages each counting as one SMS for transmission, then re-assembled by the receiver’s device
      3. where an SMS is sent to multiple recipients, each one is counted separately.
    8. CLI is not guaranteed for Outbound SMS.
    9. A2P features such as DLR are not supported.
    10. SMPP is not supported.
    11. Outbound Messages are rate limited to reflect reasonable business use.
    12. All Outbound Messages will be subject to automated fraud checks which may result in a Business Messaging Number or account being blocked.
    Call Termination and Call Origination
    1. Call Termination and Call Origination will be delivered via SIP to you.
    2. CLI is not guaranteed on international Call Termination.

  4. Compliance with policies

    1. You must comply at all times with any applicable Acceptable Use Policy, any Anti-Spam Policy, terms and conditions or written instructions we publish on our website, make available to you or otherwise notify you of.
    2. Your use of the Services must not be excessive, as reasonably determined by us by reference to average and/or estimated typical customer usage of the Services. We will consider your usage to be excessive and unreasonable where it materially exceeds the average and/or estimated use patterns over any day, week or month (or other period of time as determined by us) (Excessive Usage). If in our reasonable opinion we consider your usage to be unreasonable and/or Excessive Usage we may notify you and suspend, modify or restrict your use of the Services or withdraw in full or in part your access to the Services to you.

  5. Using the Services

    1. When using the Services, you must comply with these Terms and Conditions and Applicable Law.
    2. You must not use the Services, and you must ensure that your authorised users do not use the Services (as applicable):
      1. to create, transit, communicate or send content that is, indecent, threatening, menacing, offensive, discriminatory, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright), is a nuisance or otherwise unlawful;
      2. to host or transmit content which contains viruses or other harmful code or data designed to interrupt, damage, destroy or limit the functionality of any software, hardware or computer or communications equipment;
      3. to send, allow to be sent, or assist in the sending of spam, to use or distribute email harvesting software, or otherwise breach anti-spam laws;
      4. in a way that is misleading or deceptive, where that is contrary to law, including misleading or deceptive conduct;
      5. in any way that damages or interferes with the Services generally, 2talk’s network, 2talk’s providers or any facilities or exposes 2talk to liability; or
      6. to allow any user other than the authorised user to use or access the Services.
    3. You are solely responsible for all acts or omissions that occur under your account or where the password provided to you by 2talk is used in any way, including the content of any messages transmitted through the Services. You acknowledge and agree that any messages sent on your account are deemed to have been sent and/or authorised by you and that you are responsible for ensuring that no unauthorised access to the Services is obtained through your account and that you are liable for all such activities conducted through such account whether authorised or not.

  6. Privacy

    1. If a party is provided with or has access to personal information in connection with the Services, it must comply with the Privacy Act 2020 and any other Applicable Law in respect of that personal information as well as any privacy policy or statement. Details of 2talk’s Privacy Policy can be found on 2talk’s website.
    2. You acknowledge and agree that where you authorise or require 2talk to collect or otherwise deal with personal information in your name, or on your behalf, in connection with providing the Services, that we do so as your agent and you have obtained all applicable consents. Further, you fully indemnify 2talk and agree to hold 2talk harmless for any claim by a third party that it has suffered loss as a result of your breach of the Privacy Act 2020 (including where we act on your instruction in accordance with section 11 and we have not breached those instructions).

  7. Charges and Pricing Schedule

    1. Charges for the Services are set out the Price List on our website.
    2. All pricing is in NZD and ex GST unless otherwise stated.

  8. Changes and Termination

    1. The Services are subject to local laws and regulations (Applicable Law). 2talk may vary the terms where required to comply with Applicable Law. 2talk will notify you of such change in advance where reasonably practicable.
    2. Services may be cancelled by via the 2talk web portal, in which case, cancellation shall take place immediately following such notification via the web portal. Part month refunds will not apply.
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