Sinch Engage Terms

Terms and Conditions

This Agreement is entered into between Sinch and Customer and are together referred to as the “Parties” and each a “Party”. The account creator represents and confirms to Sinch that you are the duly authorised representative and signatory of the Customer to act for and on behalf of the Customer to enter into the Agreement. All information provided is complete and accurate. The Agreement shall be effective on the date at which time the account is created and verified.

The Services are governed by and incorporate the following documents in effect as of the date of the creation of the account (“Effective Date”).  All documents collectively referred to as the “Agreement”:

1. Unless expressly defined in the specific document or a contrary intention appears, capitalized terms defined in the Agreement have the meaning set out in the GTC. 

2. Term of your Agreement:
   1. Your Agreement will commence upon our acceptance of your Order Form or when we commence providing the Services to you, whichever happens first (the “Commencement Date”).
   2. Your Agreement will continue until the end of the Minimum Term and thereafter:
      1. if you are contracted with MessageMedia U.S.A. Inc, your Agreement will automatically renew for subsequent periods of the same length as the Minimum Term unless either party gives the other written notice of termination at least thirty (30) days prior to the then-current Term; and
      2. in all other cases, on a month-to-month basis until it is terminated in accordance with this Agreement
      3. “Minimum Term” means the minimum period specified in your Order Form for which you will purchase the Services from Sinch.
   3. If your Order Form does not specify a minimum term, states that there is no minimum term, or is described as month-to-month, casual or no contract or similar, either party may terminate the Agreement on 30 days’ notice at any time without penalty.

3. Exclusive or Preferred Provider. If your Order Form states that:
   1. that we are to be your preferred supplier then you must not engage a third party to provide to you more than 10% of your total requirements for services substantially similar to the Services; or
   2. that we are to be your exclusive supplier then you must not engage a third party to provide to you any services substantially similar to the Services.

4. Sinch may modify any fees in its sole discretion upon written notice in accordance with the terms of Section 13.5 of the GTC (Notices). The parties agree that for the purposes of notice under this Section, such notice may be given by email and that notice shall be deemed to have been given once the email is dispatched from the Sinch email server. 

5. In the context of this Service, it has specifically been agreed that:
   1. The definition of “Order Form” in the GTC expressly includes online sign-up or e-form;
   2. Customer must take steps to prevent unauthorised access to a Service and ensure that best security practices are followed, for example, by using strong passwords, not disclosing Customer’s login credentials, by securing any web APIs, and by implementing multi-factor authentication. Customer indemnifies Sinch against any Claim, cost, loss or liability which may arise in connection with Customer’s failure to comply with Customer’s obligations under this clause.
   3. Customer represents and warrants that:
      1. Customer is engaged in a lawful business and is duly licensed to conduct such business under the laws of all jurisdictions in which Customer conducts business; and
      2. all statements made by Customer in this Agreement, or in any other document relating hereto by Customer or on Customer’s behalf, are to the best of Customer’s knowledge true, accurate and complete.
   4. Clause B1.1(d) of the Messaging Supplement does not apply to this Service.
   5. References to “Dashboard” in the Messaging Supplement are to be read as a reference to the Sinch web portal interface.