Registration

Service Terms & Conditions

Date of Last Revision: 01 June 2026

These Service Terms and Conditions (“Terms” or “Agreement”) represent a binding agreement between 23 TELECOM LTD and you or the entity or individual on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement (“You”, “Your”, “Yours”, “Customer”). Once accepted, these Terms become a binding legal commitment between You and 23 TELECOM LTD. It is important that You understand Your responsibilities and the limitations to the services which You choose to use. Our services are diverse and as a result additional service specific terms may apply. If this is the case, these service specific terms shall become part of Our agreement.

These Terms set forth the terms for your use of the services and are effective as of the date you accept or otherwise agree to the Terms (“Effective Date”).

If You do not agree to these Terms, You should not accept them, create an account or use the services.

We may enter into separate and more specific agreement(s) with You, online or offline.

Please use Our services responsibly. By using Our website, portal or any of Our services, You agree to Our Terms. Take note that these Terms change from time to time. If You have used Our services before, You cannot assume that the Terms are still the same. You should review them on a regular basis as the same will be published online on website of 23 TELECOM LTD at https://23telecom.co.uk/ with the date of the last change noted at the top. Your continued use of the Services after publication of amended Terms constitutes Your acceptance of the amended Terms.

1. Introduction

1.1. You wish to use services of 23 TELECOM LTD (meaning services as provided under these Terms; hereinafter “Service,” or the “Services”).

1.2. 23 TELECOM LTD means 23 TELECOM LTD, a company registered in England and Wales under number 12627541, and whose registered office is situated at 55 Riding House Street, London, England, W1W 7EE (hereinafter “23 TELECOM LTD”; “We”; “Our”; “Us”).

1.3. You wish to use the Services and We are willing to make the Services available to You subject to and in accordance with these Terms.

2. Binding Effect

2.1. You are entering into a binding agreement. If You accept these Terms of use of Our Service on behalf of Your employer or another person, You confirm that You have the consent of Your employer or that person to act on their behalf. These Terms apply to all records relating to all transactions you enter into on website of 23 TELECOM LTD, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.

2.2. You are not eligible to accept these Terms or use Our Services if You are not of legal age to form a binding contract with Us or if You are barred by law to use Our services.

3. The Service

The Service enables a Customer to use Our Services as set out as part of Your online registration. Any such billable unit under the Services shall be referred in these Terms as a “Chargeable Event”.

23 TELECOM LTD offers Services and products including, but not limited to:

  • Messaging (SMS, WhatsApp, Viber, Telegram)
  • HLR

4. Availability and Interruption of the Service

4.1. We will make the Services available to You using reasonable skill and care according to Our published documentation on Our website and Our Service Level Agreement. You do however acknowledge and agree that the availability of the Services, Your ability to access and/or use the Services and the conducting of any given Chargeable Event may depend upon factors beyond Our reasonable control, including (but not limited to):

  • Factors affecting the operation of the Services and/or preventing Chargeable Event from being successfully conducted such as, by way of example, geographical or topographical shortcomings in the network of any telecommunications network operator (“Network Operator”), network capacity, physical obstructions or atmospheric conditions; or
  • Factors preventing end-users from receiving Chargeable Events such as, by way of example, the terms and conditions of an end-user’s service provider.

4.2. We cannot therefore guarantee:

  • That the Services will be available to You at all times or free from faults or interruptions;
  • The receipt by any intended recipient of any Chargeable Event sent using the Services (as applicable).

4.3. We will not be in any way liable for any failure to make the Services available to You to the extent that such failure results from a technical or other failure on the part of any Network Operator or any other event which is beyond Our reasonable control. We provide all services “as is” and “as available”, and We hereby do not warrant, represent or guarantee, whether expressly or by implication, that any Services are free of errors or interruptions, always available, fit for any purpose, secure or do not infringe any third party rights.

4.4. We may, at Our sole discretion, alter or improve the Services We provide to You at any time, provided that any such alteration does not materially affect the nature or detract from the functionality of the Services.

4.5. It may be necessary from time to time for Us to suspend the Services that We provide to You for routine or emergency maintenance and/or repairs and We will, in so far as it is reasonably possible, provide You with a reasonable period of notice prior to any such suspension.

We may at Our sole discretion suspend Your access to the Services and/or cease to allow any Chargeable Events to be conducted by You at any time. We are entitled to terminate these Terms for any reason, in which case We will give You appropriate notice as soon as is reasonably possible. Without limiting the foregoing, We may suspend, restrict or block the Services, any account, connection, route or sender ID, in whole or in part, with immediate effect and without prior notice, where: (a) We suspect fraudulent, illegal, unsolicited (spam), phishing, smishing or artificially inflated traffic; (b) We are required or requested to do so by a Network Operator, supplier, regulator or competent authority; (c) there is a risk to the security, integrity or operation of Our systems or any network; (d) You are in breach, or We reasonably suspect a breach, of these Terms; or (e) any amount payable by You is overdue. We shall not be liable for any loss arising from such suspension, restriction or blocking, and all charges accrued remain payable.

Should Your account utilised in the provision of 23 TELECOM LTD Service be inactive through a period of 6 (six) months it remains at the discretion of 23 TELECOM LTD to suspend Services of 23 TELECOM LTD to You. You can reactivate the account with a request to 23 TELECOM LTD sent 3 (three) working days prior to the required reactivation.

5. Account, Passwords and Security

5.1. In order to provide Our services and Your registration on our website and/or portal, We may require certain information (including but not limited to Your name and surname, company name, tax information, payment details). You must ensure that the information is complete and accurate. We may ask You to upload certain documents when registering on our website and/or portal to verify Your identity and/or the entity or individual on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement. We may suspend or terminate any Service if You give information that is not complete and accurate. You warrant that all information You provide to Us is complete and accurate and You indemnify 23 TELECOM LTD against any liability that may arise as a result of Your failure to provide complete and accurate information. You must immediately notify Us if any of Your information changes.

5.2. We will provide You with a user name or customer ID or ask You to choose authentication credentials for each account. We may change, cancel or suspend Your account, which You will be notified about.

5.3. You:

  • must keep Your username, customer ID, password, ApiKey, login token or any other secret authentication credential confidential;
  • must not circumvent, or attempt to circumvent, Our user authentication systems;
  • must inform Us immediately of any unauthorised use of Your account or any other breach of security, including suspected doubts of such scenarios;
  • are entirely responsible for all payments and any activities that occur on Your account;
  • are liable for any damage, loss or costs that We or any third party may sustain as a result of any of Your actions, or any use of Your authentication credentials, account name or account information by a third party or as a result of Your violation of this section;
  • are responsible for authorised and unauthorised use of Your account in case any of the security recommendations are not or had not been implemented on Your behalf at the moment of questionable activity on Your account (i.e. in scenarios where, due to Your inability to implement maximum security measures available at Your disposal, a potential unauthorised activity had taken place). This includes (list not exhaustive): service login, subsequent data insight, sending messages traffic, payments. Responsibility for these activities includes assuming liability for any damage, loss or costs that 23 TELECOM LTD or any third party may sustain as a result of these activities;
  • must cooperate with Us during the resolution of potential unauthorised use of Your account, regardless of its cause and source of initial reporting.

5.4. You are mandated to follow security recommendations of 23 TELECOM LTD. For any technical questions, as well as in case of security compromise of Your authentication credentials (username & password, ApiKey), You should immediately contact Us via noc@23telecom.co.uk.

6. Confidentiality and Data Protection

6.1. You will at all times keep confidential all information acquired as a consequence of using Our Services, except for information already in the public domain or information which You are required to disclose by law, requested by any Regulator or reasonably required by Your professional advisors for the performance of their professional services. When using Our Services, you shall comply with all laws and regulations applicable to the use of the Services and with Our Terms or any other terms as agreed between us.

6.2. With respect to the processing of personal data of Your end-users that You provide to us through our Services, You are controller and 23 TELECOM LTD is processor. You guarantee that You have obtained all required and valid consents under the applicable data protection laws and regulations (such as the EU General Data Protection Regulation) as required for the processing of personal data by 23 TELECOM LTD for the performance of our Services and 23 TELECOM LTD will process that personal data only upon Your instructions and in accordance with data processing agreement. If You wish to enter into a Data processing agreement with 23 TELECOM LTD you can send a request to GDPR@23telecom.co.uk and we will provide You with a pre-signed version of our data processing agreement.

7. Support Services

7.1. Unless We agree otherwise in writing, We will provide on-line technical support via email in respect of the Service available to You at the following e-mail address: noc@23telecom.co.uk

8. Payment

8.1. You agree to pay all charges due to Us in respect of making the Service available to You and Your access to and use of the Service by the payment method and in accordance with the Terms as set out herein.

8.2. Pre-pay Customers. Unless We have agreed otherwise with You, You will be a pre-pay Customer. The Customer will pay 23 TELECOM LTD the fees and taxes and all other amounts payable to 23 TELECOM LTD through prepayments made by the Customer on the Customer’s Account. The fees shall be calculated in accordance with the rates and pricing which 23 TELECOM LTD makes available to the Customer by way of publication on the portal of 23 TELECOM LTD. 23 TELECOM LTD may deduct or offset from the Customer’s Credit Balance, any sums the Customer owes to 23 TELECOM LTD, which may include but are not limited to fees and taxes. Every Service on an Account will deduct fees, taxes and other sums due from the same Credit Balance. The Customer will not earn interest on any Credit Balance held by 23 TELECOM LTD. The Customer shall not be entitled to a refund of an unused Credit Balance below EUR 100 (or the equivalent in the currency of the Customer’s Account). Any refund of an unused Credit Balance shall be net of all amounts due or accrued and of any charges, surcharges, fines, penalties or claims attributable to Your traffic, and We may withhold all or part of the Credit Balance for up to ninety (90) calendar days pending investigation of suspected fraudulent, unsolicited or artificially inflated traffic or final reconciliation of Network Operator and supplier charges.

8.3. Post-pay Customers. You can be a post-pay Customer only if We have agreed to do so in writing. The Customer will pay 23 TELECOM LTD the fees and taxes and all other invoiced amounts within five (5) days from the date of invoice. Unless otherwise agreed, 23 TELECOM LTD issues invoices on a monthly basis. The fees shall be calculated in accordance with rates and pricing which 23 TELECOM LTD makes available to the Customer (by means determined by 23 TELECOM LTD) from time to time. Time is of the essence in relation to the Customer’s payment obligations.

8.4. Credit Limit. The Customer’s Credit Limit when post-paying shall be as notified by 23 TELECOM LTD to the Customer from time to time. If 23 TELECOM LTD determines that the Accrued Liability exceeds the Credit Limit, the Customer shall pay, within twenty-four (24) hours of notice from 23 TELECOM LTD, such amount as 23 TELECOM LTD determines is necessary to (i) reduce the Accrued Liability to the same or less than the Credit Limit and, (ii) ensure the Credit Limit shall not be exceeded prior to the next invoice due date. The Customer consents to and shall procure that the Customer’s owners, directors, officers and assigns consent to, 23 TELECOM LTD carrying out searches with credit reference agencies relating to the Customer’s creditworthiness and financial status.

8.5. No omission or delay by 23 TELECOM LTD in invoicing any sums and/or deducting them from a Credit Balance shall prohibit 23 TELECOM LTD from raising an invoice and/or deducting them from a Credit Balance at a later date nor shall it relieve the Customer of the Customer’s liability to pay.

8.6. Fee Changes. 23 TELECOM LTD reserves the right to change the pricing used to calculate the fees at any time. You can find all current prices and destinations on 23 TELECOM LTD portal. Any change in prices that might occur for one or more destinations shall be communicated to You via email. Where a change in pricing results from a surcharge or requirement imposed by a Network Operator, supplier or regulator, the change may take effect immediately upon notice. Your continued use of the Services after the effective time of a price change constitutes Your acceptance of the new pricing.

8.7. Fees and Taxes are non-refundable. Fees exclude, and the Customer will pay, all taxes, but neither Party will pay income taxes of the other Party. For any invoice the Customer fails to pay by its due date, 23 TELECOM LTD may charge the Customer late payment fee at the rate of 1% (one per cent) per month on any overdue amount calculated from the payment due date until the date of actual payment. You shall also reimburse Us for all reasonable costs of recovery (including legal fees). All payments shall be made in full without set-off, counterclaim, deduction or withholding (other than as required by law).

The fees payable shall be calculated by reference to data recorded or logged by 23 TELECOM LTD and not by reference to any data recorded or logged by the Customer. Any invoices issued by 23 TELECOM LTD shall, save in the case of manifest error, be final, conclusive and binding on the Customer. The Customer may dispute an invoice in good faith, but must do so within thirty (30) days from the date of invoice, otherwise the Customer will be deemed to have irrevocably waived all rights and claims concerning such invoice. However, a dispute of an invoice does not waive the Customer’s obligation to pay the undisputed part of such invoice in accordance with this Agreement.

8.8. For the avoidance of doubt, a charge will be incurred for every Chargeable Event conducted by You regardless of whether it is successfully delivered.

8.9. If You do not pay any Customer Charges in accordance with the applicable payment terms, We reserve the right to, in Our sole discretion, suspend Your access to the Service and/or cease to allow any Chargeable Event to be conducted by You until further payment is received by Us which fully covers any unpaid Charges.

8.10. You are responsible for the payment of all bank and finance charges. Please ensure that the amount received on Our bank account, after deductions, corresponds to the full amount You owe Us.

8.11. All fees and taxes are charged and payments are made in the currency You choose in Your Account. 23 TELECOM LTD supports USD, GBP and EUR as standard and may be able to support other currencies on a case by case basis.

8.12. You may add funds to Your account via credit card or bank transfer. You can choose a payment method in Your account.

8.13. Credit Card. If You elect to add funds to Your account by credit card and use such funds to pay the Fees due, You are responsible for ensuring such funds cover such Fees. If Your account does not have sufficient funds or Your credit card declines a charge for the Fees due, We may suspend the provision of the Services to all of Your accounts until the Fees due are paid in full. You are prohibited from creating new accounts until the Fees due are paid in full.

8.14. Invoices will be sent to You each month via email to the email address(es) You designate in Your account.

9. Rules of Use

9.1. You warrant that You will not:

  • Use the Services: (a) other than as expressly prescribed by the Agreement; (b) in violation of: (i) applicable laws and codes, regulatory requirements of the appropriate jurisdiction or (ii) applicable third party licences; (c) to send spam or unsolicited messages or other communications; (d) in any manner that is infringing, obscene, threatening, libellous, unlawful, or in violation of any third party rights; (e) to breach, interfere or attempt to interfere with any requirements, procedures, policies, or regulations of any mobile industry association, Regulator or any service provider; (f) to facilitate the transmission or use of any: (i) malicious code (including malware, viruses, worms, and Trojan horses); (ii) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (iii) code that would allow any third party to interfere with or access any data; (g) to circumvent, disable, violate, or otherwise interfere with the security or integrity of the Services, their operation, any networks or servers used in connection with the Services, or any activity being conducted in or in relation to the same (or attempt at any of the foregoing); (h) to gather, store, upload or otherwise transmit any data for which You do not have a right to do so; (i) to support or carry any emergency calls to any medical rescue, emergency, or law enforcement agency, service or provider of any kind; or (j) to impersonate any person or entity;
  • Use the Services or permit the Services to be used to send Chargeable Events to any end-user for marketing purposes without that end-user’s explicit request for, or prior consent, to receiving them. If You are sending any Chargeable Event for commercial purposes to any of Your end-users, You must abide by the telephone marketing practices of the end-users’ jurisdiction, including but not limited to, obtaining prior express written consent from those end-users, and give all end-users the right to opt out of receiving any further Chargeable Events sent by You for commercial purposes (and You shall promptly process any end-user’s election to opt out);
  • Use the Services or permit the Services to be used to convey Chargeable Events to any end-user, with a frequency and in numbers which are excessive in Our reasonable opinion;
  • Use the Services or permit the Services to be used for any improper, fraudulent, immoral or unlawful purpose or in any manner which contravenes applicable laws and codes, regulatory requirements of the appropriate jurisdiction or mobile operator requirements as they exist and as they change over time and undertakes not to allow any third party to do so;
  • Use the Services or permit the Services to be used for the transmission of any material which is of a defamatory, offensive, illegal, abusive, obscene or menacing character or nature;
  • Use the Services or permit the Services to be used in a manner that infringes the intellectual property rights or any other proprietary rights of any third party; or
  • Use the Services or permit the Services to be used in a manner that may injure or damage any person or property or cause the quality of the Services to be impaired.

9.2. You will at all times during the duration of the Agreement:

  • Send only Chargeable Events that comply with all applicable laws, regulations and Codes and that contain nothing which is likely to cause offence in view of the generally prevailing standards of decency and propriety from time to time;
  • Comply with all reasonable directions and instructions issued by Us from time to time in relation to the Services;
  • Comply with and observe at all times all applicable laws, regulations and Codes and any directions, recommendations and decisions of any Regulator; and
  • Not act in any manner likely to bring Us, the Service or any Network Operator into disrepute.

9.3. You will, upon request, provide Us or any Network Operator or Regulator with any information relating to Your use of the Services that the requesting party reasonably requires. You are responsible for ensuring that any information relating to Your end-users, including (but not limited to) Your end-user Data, is accurate and complete.

9.4. You will not state or imply any approval by Us of any particular Chargeable Event that You send using the Services or refer to Us in any way without Our prior written approval.

9.5. Where requested by Us, You will promptly provide Us with a representative Forecast of Your Service needs for the requested period, including (but not limited to) all reasonable details required for Us to plan network capacity requirements.

9.6. We may, at Our sole discretion cease to convey, and You will promptly cease to transmit at Our request, any Chargeable Event.

9.7. You warrant that You are the sole owner or licensor of all rights in Your End-User Data or You have obtained all necessary rights, licences and consents from all relevant third parties to enable You, Us and Our sub-contractors to use the End-User Data for the purposes of the Agreement.

9.8. You shall not generate, originate, facilitate, solicit or permit artificially inflated traffic, i.e. messages or message requests generated (including through automated means, bots, scripts or collusion) for the purpose of generating traffic or revenue rather than for the delivery of legitimate communications to genuine end-users (also known as SMS pumping, “AIT”). You shall be solely liable for all charges, losses, fines and claims arising from AIT originating from or passing through Your account, systems, customers or end-users, whether or not such AIT results from fraudulent activity of third parties. No refund, credit or compensation shall be due from Us in respect of AIT, and We may deduct any resulting amounts from Your Credit Balance or invoice them separately.

9.9. You shall create and retain records evidencing each end-user’s consent (opt-in) to receive Chargeable Events for at least 3 (three) years after the relevant Chargeable Event and shall provide copies of such records to Us within 2 (two) working days of a written request.

9.10. You shall provide to Us, within 5 (five) working days of a written request, such information and documents as We may reasonably require to verify Your identity and Your compliance with these Terms, including Your certificate of incorporation or registry extract, details of Your directors and beneficial owners, a description of Your business and intended use cases, sample message content, expected volumes and destinations, and evidence of end-user consent. Where You resell the Services or submit traffic of Your own customers, You shall impose on such customers obligations no less strict than those set out in these Terms, shall perform appropriate due diligence on them, and shall remain fully liable to Us for all traffic submitted through Your account as if it were Your own. You shall cooperate fully with any investigation by Us, a Network Operator or a Regulator (including complaints made via the 7726 reporting service) and shall provide information on the origin of any traffic within 2 (two) working days of a written request.

10. Disclaimers, Limitations of Liability and Indemnification

10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 23 TELECOM LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER SERVICES OBTAINED THROUGH THE SITE; (iii) THE UNAUTHORISED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; AND (iv) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES OFFERED ON THE WEBSITE, PORTAL.

10.2. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE 23 TELECOM LTD ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10.3. You agree to indemnify and hold 23 TELECOM LTD, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees on a full indemnity basis and any fines, penalties or surcharges imposed by Network Operators, suppliers or regulators, including Ofcom and the Information Commissioner’s Office), made against 23 TELECOM LTD by any third party due to, arising out of or in connection with Your use of Our website, portal and/or the Services, Your breach of these Terms or applicable law, the content or origin of Your traffic, any absence of end-user consent, any spam, fraud, smishing, phishing or artificially inflated traffic, any breach of Section 18 (Sanctions Undertaking), or any act or omission of Your customers or end-users.

10.4. We will not be in any way liable for the content of any Chargeable Events You sent or transmitted using the Service and the full responsibility for their content shall rest on You. You must observe all relevant legislation and regulations applicable in Your jurisdiction and in the jurisdiction of all persons with whom You communicate directly when using the Service. By using the Service You also agree to be bound by the Rules of Use.

10.5. Notwithstanding the foregoing, You acknowledge You will be solely responsible for any legal liability arising out of or relating to the Content and Services (whether transmitted on Your own or on any Third Party’s behalf).

10.6. Subject to any express provision to the contrary in these Terms, We will not in any circumstances be liable to You in contract, tort, negligence or otherwise for any economic loss (including, but not limited to, any loss or profits, business, contracts, revenue, turnover or anticipated savings) or for any indirect or consequential losses, whether or not they were foreseen or foreseeable.

10.7. Each party acknowledges that neither You, nor We, have entered into the Agreement on the basis of or in reliance upon any representation (save for any representation made fraudulently), warranty or other term except as otherwise expressly provided in the Terms and, as such, all conditions, warranties and other terms implied by statute, common law or otherwise are hereby excluded to the greatest extent permitted by law.

10.8. We shall at all times in respect of the subject matter of these Terms comply with all applicable laws, regulations and rules having equivalent effect.

10.9. You shall be responsible for explaining and answering to any complaints that We receive from any relevant regulatory body resulting from Your use of the Service. We will forward any complaints to You as soon as it is reasonably possible. You must follow the applicable complaint procedures and respond to each complaint within the timeframes specified by the relevant regulatory body and must forward a copy of Your response to Us immediately. You will be liable for any fines and/or penalties imposed by Network Operator, third party providers, court or state authorities, any regulatory body against You or Us or any of our associated companies, due to Your contravention of these Terms and/or applicable laws, regulations.

10.10. Subject to clause 10.12, Our total aggregate liability arising out of or in connection with these Terms and the Services, however arising, shall be limited to the total amounts actually paid by You to Us for the Services in the 1 (one) calendar month immediately preceding the first event giving rise to liability.

10.11. Any claim by You against Us must be notified to Us in writing within 30 (thirty) calendar days of the date on which You became aware, or ought reasonably to have become aware, of the event giving rise to the claim, and in any event within 3 (three) months of that event, failing which the claim shall be deemed waived.

10.12. Nothing in these Terms excludes or limits either party’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited by applicable law.

11. Term and Termination

11.1. Either Party can terminate this agreement at any time by notice to the other Party with or without cause.

11.2. Either party may also terminate this Agreement with immediate effect by notice to the other party if:

  • The other party becomes insolvent, makes any arrangement with or for the benefit of its creditors, goes into compulsory or voluntary liquidation, has a receiver, administrative receiver, liquidator or other similar official appointed over its assets, is subject to an administration or similar order or ceases trading;
  • The other party commits a material breach of the Agreement and (where such breach is capable of remedy) fails to remedy the breach within 14 days of a written notice from the party not in breach requiring its remedy, provided that any breach by You of Section 9 (Rules of Use) or Section 18 (Sanctions Undertaking), or any fraudulent use of the Services, shall be deemed a material breach incapable of remedy entitling Us to terminate immediately; or
  • Any licence required for Us to operate the Services is revoked, terminated or modified or, in the case of new licence requirements being imposed, the applicable licence: is not granted to Us; or is granted to Us but in such a way as to prevent Us from continuing to make the Services available or a Network Operator from enabling Us to make the Services available.

11.3. We may terminate the Agreement immediately upon notice in the event that any relevant legislation or regulation is implemented or modified with the effect that it is no longer commercially viable or possible for Us to make the Services available.

11.4. Termination of the Agreement for any reason does not affect any rights that have accrued to either party under the Agreement up to the date of its termination and those terms and conditions of the Agreement that are by their nature capable of surviving termination will continue in full force and effect following such termination.

11.5. On termination of the Agreement:

  • You will immediately cease to use the Services;
  • All amounts then owed to Us, under or in connection with the Agreement, will become immediately due and payable;
  • You will forfeit any unused Credit Balance on your account below EUR 100;
  • All licences and rights granted under these Terms will terminate immediately;
  • We may apply any Credit Balance against any amounts due, losses, fines, penalties or claims attributable to You or Your traffic; any remaining balance shall be refunded subject to clause 8.2 and after final reconciliation of Network Operator and supplier charges, and in any event within 90 (ninety) calendar days of termination.

12. Force Majeure

Neither party will be liable for any delay in the performance of or any failure to perform any of its obligations under this Agreement that is caused by any event which is beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of necessary telecommunications, data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties (including, but not limited to, Network Operators), acts of government or Regulators or telecommunications network congestion.

13. Assignment

Neither party will assign, transfer or sub-contract either in whole or in part any of its rights or obligations under the Agreement without the other party’s prior written consent (not to be unreasonably withheld or delayed), provided that We shall be entitled without Your prior written consent to assign, transfer or sub-contract in whole or in part any of its rights or obligations under the Agreement to any affiliated company.

14. Intellectual Property

14.1. All content, trademarks and data on our website, including software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Us, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to You in these Terms, all other intellectual property rights on this website are expressly reserved.

14.2. We may grant You an individual, personal, non-exclusive and non-transferable licence (“the Licence”) to use our proprietary software or application service, in object code form only, and only in accordance with the applicable Service Specific terms and other documentation, if any, and only in conjunction with the relevant services. You may not reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of our software; modify, translate, or create derivative works based on the software or application; copy, rent, lease, distribute, assign, or otherwise transfer rights to the software or application; or remove any proprietary notices or labels with regard to our services. We retain ownership of all proprietary applications, software, intellectual property and any portions or copies thereof, and all rights in it. You will notify Us of any suspected infringement of Our intellectual property of which You become aware and will take all reasonable action as We may direct in relation to that suspected infringement where such is directly and specifically related to the services we provide You.

14.3. These Licences terminate when Our contract with You ends and You must destroy and stop using all of our software and applications in Your possession. The software is provided and applications are offered “as is” and subject to the service warranty disclaimers and limitations of liability found elsewhere in these Terms. It is Your responsibility to test the services before entering into this contract.

14.4. Content from Our website may not be used or exploited for any commercial and non-private purposes without Our prior written consent.

15. Severability

If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.

16. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the courts of England and Wales for the purpose of enforcing any claim arising hereunder, provided that We may bring proceedings against You (including for the recovery of debt or for injunctive relief) in any court of competent jurisdiction.

17. Summary Terms and Conditions

You confirm that You hold the account corresponding to the data You have provided 23 TELECOM LTD with, or that You have the account holder’s permission to use this service.

18. Sanctions Undertaking

18.1. Definitions:

  • “Embargoed and Sanctioned Countries” means Cuba, Iran, North Korea, Syria, and any other countries subject to embargoes and Sanctions. “Embargoed and Sanctioned Country” means any one of them.
  • “Sanctioned person” means a person who is:
    • (a) listed on any Sanctions List;
    • (b) at least 50% owned or otherwise controlled (as such term is used and applied in the relevant Sanctions) by, or acting on behalf of, or at the direction of any persons that are listed on any Sanctions List; or
    • (c) otherwise, a target of Sanctions (“target of Sanctions”) signifying a person with whom a US person or other national of a Sanctions Authority would be prohibited or restricted by law from engaging in trade, business or other activities.
  • “Sanctions” means any economic, trade or financial sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by a Sanctions Authority.
  • “Sanctions Authorities” means the United Kingdom, the United States of America, the United Nations, the European Union, or the respective governmental institutions and agencies of any of the foregoing, including, without limitation the Office of Foreign Asset Control of the US Department of the Treasury (“OFAC”), the United States Department of State, the United States Department of Commerce, and the UK Office of Financial Sanctions Implementation (“OFSI”) and “Sanctions Authority” means each of them.
  • “Sanctions List” means the “Specially Designated Nationals and Blocked Persons”, Sectoral Sanctions Identifications and Foreign Sanctions Evaders lists maintained by OFAC, the Consolidated List of Financial Sanctions Targets (Asset Freeze Targets and the Investments Ban Lists) maintained by UK OFSI, or any similar lists maintained by, or public announcement of Sanctions designation made by, any of the Sanctions Authorities, each as amended, supplemented or substituted from time to time.

18.2. By accepting these Terms, You confirm that You meet all of the following Our KYC Requirements and You agree that You are fully liable to Us and will indemnify Us for all damages and losses that may arise for Us if You do not meet all of these KYC Requirements:

  • (a) You are not a Sanctioned Person;
  • (b) for individuals – You do not hold citizenship, and for legal entities – You are not registered in any of the Embargoed and Sanctioned Countries, the Russian Federation, or the Republic of Belarus;
  • (c) for legal entities – Your ultimate beneficial owners (regardless of the size of their ownership interest or shareholding) do not hold citizenship of any of the Embargoed and Sanctioned Countries, the Russian Federation, or the Republic of Belarus.

18.3. The confirmations in clause 18.2 are continuing warranties, deemed repeated each time You use the Services. You must notify Us immediately if any of them ceases to be true. We may suspend or terminate the Services with immediate effect if You breach this Section 18 and may withhold any Credit Balance where and to the extent required by applicable law.

SLA & Support

The following SMS Service Level Agreement (“SLA”) applies only to those Customers who have purchased a Service which 23 Telecom LTD has agreed to support with this SLA. Please refer to your Agreement with 23 Telecom LTD or contact your Account Manager if you are unsure whether the SLA applies to your Services.

The SLA is governed by and may be subject to change in accordance with the Terms of Service (“Terms of Service”).

Please refer to the Terms of Service and Section 4 below for the meanings given to capitalized terms in this SLA and Support Agreement.

1. Service Levels

23 Telecom LTD will use reasonable endeavours to meet the following service level:

Availability Target: Availability of 99.9% in each Month.

2. SLA Exceptions

23 Telecom LTD shall not be responsible for any failure to comply with any part of the SLA to the extent such failure results from one or more SLA Exceptions.

3. Measurement

Tracking of performance against the SLA shall be undertaken by 23 Telecom LTD using its internal measuring tools and processes.

4. Definitions

  • “Available” means that the Platform is available for the transmission and reception of Messages. “Availability” shall be construed accordingly.
  • “Message” means any mobile originated and/or mobile terminated SMS.
  • “Month” means a calendar month.
  • “Platform” means the messaging platform used by 23 Telecom LTD to provide the Services.
  • “SLA Exceptions” means any failure to meet a service level as a result (either wholly or in part) of: (a) maintenance; (b) acts or omissions of Service Providers; (c) force majeure conditions referred to in the Terms of Service; (d) suspension of the Services in accordance with the TOS; (e) Customer caused issues including (but not limited to): (i) any failure to provide information requested by 23 Telecom LTD; (ii) any failure to interface to the Platform in accordance with instructions of 23 Telecom LTD; or (iii) the throughput which 23 Telecom LTD has agreed to provide under the Agreement being exceeded.
  • “SMS” is an acronym for short messaging services. An SMS means an alpha-numeric message of no longer than 160 characters.
  • “Resolution” means that 23 Telecom LTD has determined that a Service Issue has been fixed, resolved or worked around.
  • “Response Time” means that 23 Telecom LTD has provided an acknowledgement to the Customer that the Service Issue has been logged (by email or telephone).
  • “Service Issue” means the Platform and/or Services are not able to be accessed or used substantially in accordance with your Agreement with 23 Telecom LTD.
  • “Support Exceptions” means any failure to meet a service level as a result (either wholly or in part) of: (a) maintenance; (b) acts or omissions of Service Providers; (c) force majeure conditions referred to in the TOS; (d) suspension of the Services in accordance with the TOS; (e) Customer caused issues including (but not limited to): (i) any failure to provide information requested by 23 Telecom LTD; (ii) any failure to interface to the Platform in accordance with instructions of 23 Telecom LTD; or (iii) the throughput which 23 Telecom LTD has agreed to provide under the Agreement being exceeded.
  • “Working Hours” for customers in the Americas means 9am until 5.30pm Eastern Time (Monday to Friday, excluding bank or public holidays), for customers in EMEA means 9am until 5.30pm GMT/BST (Monday to Friday, excluding bank or public holidays) and for customers in APAC means 9am to 5.00pm SGT (Monday to Friday, excluding bank or public holidays).

5. Support Agreement

5.1. How do I report Service Issues to 23 Telecom LTD?

Customers should report all Service Issues to 23 Telecom LTD Customer Support, using one of the following methods:

5.2. What happens after I have reported a Service Issue?

23 Telecom LTD will log a trouble ticket in its support system and give the Service Issue one of the following “Priority Definitions”:

Priority Definition
1 All messaging-related and/or production-related Services are unavailable
2 Total loss of connectivity to the Services or material degradation in delivery of all messages sent through the Services to a Service Provider.
3 Messages sent through the Services to 10 or more mobile devices have not been delivered as expected.
4 Messages sent through the Services to less than 10 mobile devices have not been delivered as expected.
5 A request for data or information pertaining to Services, including reports or technical details.

5.3. Within what timeframes will 23 Telecom LTD try to respond to and resolve my Service Issue?

This depends upon the Priority Definition given by 23 Telecom LTD to the Service Issue and whether you have Basic Support or the Pro Support package.

Please contact your account manager if you are unsure which applies to your account or if you wish to purchase a higher level of support.

When a Service Issue is reported in accordance with Section 1 above, 23 Telecom LTD will use reasonable endeavours to comply with the following Response and Resolution times:

Basic Support

Priority Definition
1 All messaging-related and/or production-related Services are unavailable
2 Total loss of connectivity to the Services or material degradation in delivery of all messages sent through the Services to a Service Provider.
3 Messages sent through the Services to 10 or more mobile devices have not been delivered as expected.
4 Messages sent through the Services to less than 10 mobile devices have not been delivered as expected.
5 A request for data or information pertaining to Services, including reports or technical details.

Pro Support

Priority Definition
1 All messaging-related and/or production-related Services are unavailable
2 Total loss of connectivity to the Services or material degradation in delivery of all messages sent through the Services to a Service Provider.
3 Messages sent through the Services to 10 or more mobile devices have not been delivered as expected.
4 Messages sent through the Services to less than 10 mobile devices have not been delivered as expected.
5 A request for data or information pertaining to Services, including reports or technical details.

Each Response and Resolution timescale commences at the point which 23 Telecom LTD logs a trouble ticket in its support system.

23 Telecom LTD shall not be responsible for any failure to comply with any part of this Support Agreement to the extent such failure results from one or more Support Exceptions.

5.4. Does 23 Telecom LTD conduct maintenance?

23 Telecom LTD will use reasonable endeavours to perform planned maintenance on weekdays between the hours of (a) 02:00 to 05:00AM GMT/BST for Customers connected to the Platform in the EU; and (b) 01:00 to 04:00AM Pacific Time on weekdays for Customers connected to the Platform in the US.

In the case of unplanned maintenance, 23 Telecom LTD will use reasonable efforts to provide 24 hours’ email notice, if practicable.

Additionally, 23 Telecom LTD will use reasonable efforts to give the Customer advance email notice of any planned maintenance by Service Providers which affects Services relating to particular destinations (provided 23 Telecom LTD gets equivalent notice from the applicable Service Providers).

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