Message&SMS Service Agreement

Message&SMS Service Agreement

Definitions

1.  Message&SMS is an integrated communications service provided by HUAWEI CLOUD for Internet enterprise customers, especially developers. Developers can use the services provided by HUAWEI CLOUD to provide SMS channels for users.

2.   APIs are provided by HUAWEI CLOUD for developers to implement specific functions.

3.   Application Key/Application Secret indicates the application access account and key that are granted by HUAWEI CLOUD when a developer starts to develop an application.

Service Compliance

1.   When using this service, you must strictly comply with applicable laws and regulations, including but not limited to obtaining and maintaining necessary and valid qualifications, licenses, and authorization during the use of this service. The SMS content must be legal, and does not infringe any third party's legal rights and interests.

2.   Before using this service to send SMSs, you must obtain the consent or authorization from the recipients. You shall not send any SMS to any object (including the phone numbers registered in the DNC list of the country/region where you are located) that has explicitly refused to receive SMSs unless you have obtained explicit authorization. Otherwise, you shall be liable for any problems arising therefrom, and HUAWEI CLOUD shall not suffer any loss.

3.   If a third party complains about the use of this service, you should respond quickly and cooperate with HUAWEI CLOUD to handle the complaints. In addition, you should give a formal reply in the format specified by HUAWEI CLOUD within six hours after receiving the HUAWEI CLOUD notice.

4.   Without prior written consent of HUAWEI CLOUD, you shall not sublease, resell, lend, or provide all or part of this service to any third party directly or indirectly.

5.   When sending SMSs to a third party, you should clarify your enterprise ID and ensure its authenticity, validity, and integrity. Do not use the ID of another enterprise or entity or the ID that may cause misunderstanding of the recipient.

6.   When sending SMSs to a third party, you must provide a free, convenient, and effective way to reject or unsubscribe from the service in the SMS. You must not set any obstacle for the recipient to reject the SMS in any form. When providing the SMS service for users to promote services, you should highlight the tariff standard, billing mode, and unsubscription method.

7.   Do not send junk SMSs to a third party in batches or cyclically. Otherwise, HUAWEI CLOUD has the right to close your SMS channel immediately. If a third-party complaint is caused, you shall be liable for all the problems and compensation and protect HUAWEI CLOUD from any loss.

8.  You are responsible for the security, applicability, and marketability of your system and network. HUAWEI CLOUD does not assume any obligation or responsibility for the security and availability of your system or network.

9.   HUAWEI CLOUD has the right to supervise and check your use of this service. Before sending the SMS text, HUAWEI CLOUD has the right to review your preset SMS template. However, this review cannot exempt you from any obligation or responsibility for the SMS content, and does not indicate that HUAWEI CLOUD recognizes or assumes any responsibility for the SMS content. HUAWEI CLOUD has the right to restrict the sending of unapproved SMSs and stop providing the service immediately. Depending on the severity of the situation, HUAWEI CLOUD may require you to rectify the fault within a specified period, suspend the service until the cooperation agreement is terminated unilaterally, and require you to bear the liability for breach of contract.

Obligations

1.   Ensure that the billing complies with relevant laws and regulations and telecom standards, and inform end users of the service content, tariff standard, billing mode, and unsubscription method in advance.

2.   When sending an SMS to a third party, the SMS must include the real sender number or code.

3.   If you want end users to receive commercial SMSs, you should describe the type, frequency, and validity period of the SMSs. If an end user does not reply, the user is considered to have refused to receive the SMSs. If an end user rejects or does not reply, do not send the same or similar SMSs to the end user. If an end user agrees but then refuses commercial SMSs, stop sending SMSs to the end user.

4.   You promise that the files and information to be submitted when you apply for the Message&SMS service will be authentic, accurate, and complete, and comply with relevant laws and regulations. If the files and information are changed, you shall notify HUAWEI CLOUD in written form.

Liability for Breach of Agreement

If you use this service in violation of the preceding regulations, HUAWEI CLOUD is entitled to take one or more of the following measures to protect the legitimate rights and interests except that you are required to bear the corresponding liabilities for breach of contract:

1.   Deliver a warning, and ask you to comply with the stipulations or make rectification.

2.   Reduce resources or services provided.

3.   Suspend all or part of services or resources.

4.   Permanently stop all or some services or resources.

5.   Cooperate with relevant departments to investigate your legal liabilities.

Disclaimer

1.   This service is provided based on carrier capabilities and resources. Due to uncertainties in communication capabilities, systems, networks, and resources, HUAWEI CLOUD cannot ensure that services are free of defects but promises to continuously improve service quality and service level.

2.   If the customer's account for using Huawei services remains inactive for six months, HUAWEI CLOUD has the right to suspend the services. If no charging event occurs on an account within six months, the account is considered as inactive and services for the account can be suspended. The customer can send a request to HUAWEI CLOUD three working days in advance to restart the account.

Others

1.   Sending records and call detail records (CDRs) for SMS messages sent using the International SMS service are stored in Hong Kong Special Administrative Region. If the SMS messages are sent to subscribers in Chinese mainland, both sending records and CDRs may also be stored in Chinese mainland.

2.   To adapt to policies and service requirements, HUAWEI CLOUD will update the content required for service provisioning and release the latest content on the HUAWEI CLOUD official website. You must read and comply with the latest requirements in time.


Last Updated: December 2019