Bulk SMS Terms & Conditions



These Terms of Service govern your use of SMS Manager, the SMS messaging platform operated by SMS Broker Pty Ltd (trading as Bulk SMS). By opening an account or using SMS Manager, you agree to these terms. Please read them carefully.

Acceptable Use
You must use SMS Manager only for lawful purposes. You must not send messages containing sexual, racist or discriminatory material, or any content that could constitute harassment of an individual or an organisation. Any illegal use of SMS Manager is strictly prohibited and may result in suspension or termination of your account.

Your Account
You are responsible for keeping your SMS Manager username and password confidential and secure. Any activity that can be traced to your username and password is treated as having been carried out by you and is legally binding on you.

Message Content and Responsibility
You are solely responsible for the content of the messages you send through SMS Manager, and for ensuring that content complies with all applicable laws. Bulk SMS does not review, and accepts no liability for, the content of messages sent through the platform. You agree to release and indemnify Bulk SMS against any claim brought by a third party as a result of the content of your messages.

Message Delivery and Availability
SMS Manager delivers messages through major telecommunications companies and mobile network operators, and can only influence delivery within the technical constraints those providers impose. A message submitted through SMS Manager will be transferred to the intended recipient in the ordinary course, provided the recipient’s handset is switched on and within coverage of their mobile network. Depending on the recipient’s network and circumstances, successful delivery may not always be possible. Bulk SMS does not warrant the availability or performance of SMS Manager and, while we make every effort to deliver messages promptly, we accept no liability for transmission delays or message failures. You use the service entirely at your own risk.

Billing and Charges
Messages are charged according to SMS Manager’s transmission logs. These logs are taken to be correct and valid, even where you have queried the accounting records, unless our investigation reveals a technical problem or error. Current pricing is published on the Bulk SMS website. Because delivery cannot be guaranteed, due to factors on the part of the mobile network operators, Bulk SMS does not refund charges for undeliverable messages. Usage data is recorded as required to operate, account for, and maintain the service.

Account Balance, Refunds and Expiry
Your SMS Manager account balance is non-refundable and does not bear interest. Except where Bulk SMS closes your account and refunds the remaining balance (see Suspension, Breach and Indemnity below), all purchases are final under our no-refund policy. An SMS Manager account that is not used for 12 continuous months will expire; expired accounts are closed automatically and any remaining credits are forfeited.

Your Data Protection and Anti-Spam Obligations
You may only process (for example collect, store, alter, use or make available) the personal data of a mobile end user on the basis of that end user’s explicit consent. You must respect every end user’s right to object to your processing of their personal data for direct-marketing purposes, and you must delete a mobile number and its associated records from your database when the relevant end user asks you to. You must not send messages for direct-marketing purposes to randomly generated mobile numbers (spamming), and you must not invite recipients to call back a premium-rate number or to send a premium-rate message. You must ensure that the content of every message respects, and does not conflict with, the fundamental human rights recognised in the laws applicable to our business — including the right to privacy and the prohibition of discrimination on any ground such as sex, race, colour, language, religion, or political or other opinion. On request, you will provide Bulk SMS with written proof of your compliance with these obligations.

Suspension, Breach and Indemnity
Bulk SMS reserves the right to exclude you from SMS Manager, refunding any remaining balance in your account. If you breach these terms, you acknowledge that Bulk SMS may suspend or limit your access to SMS Manager and the services at www.bulksms.com.au. If a third party brings a claim against Bulk SMS as a result of your breach of these terms, you will indemnify and reimburse Bulk SMS for all liabilities, costs, losses and damages relating to that claim.

Changes to These Terms
Bulk SMS may update these Terms of Service from time to time to reflect changes to SMS Manager or to legal requirements. The current version will always be published on this page, and your continued use of SMS Manager constitutes acceptance of the updated terms.

Contact Us
If you have any questions about these Terms of Service, please contact us at support@bulksms.com.au.