Service terms

Who you are contracting with

The service is supplied by AussieSMS, ABN 62 105 083 720, an Australian business operating from South Australia within the NearMe network. These terms are governed by the law of South Australia, and the courts of that state and the Commonwealth courts have jurisdiction.

These terms, the acceptable use policy and the privacy policy are one agreement. Creating an account means agreeing to all three.

What the service does

You send a message request. AussieSMS checks its shape, deducts one credit, places it on a queue, and an Australian mobile handset picks it up and transmits it through a normal Australian carrier. Your recipient sees a real mobile number, not a business name and not a shortcode.

A message moves through named states and each means something different. Queued is accepted onto the queue. Claimed by handset means a gateway took responsibility for it. Sent to carrier means the handset reported a send attempt to the carrier. Receipt confirmed requires separate evidence from the network. Failed means the attempt did not complete.

In practice, sent to carrier is the last state anyone will ever see. Delivery receipts almost never come back on this rail. Nothing on this site should be read as a promise that a message arrived, was read, or arrived within any particular time.

What this service does not do

These are not disclaimers of things that usually work. They are descriptions of functions that do not exist, and you should decide whether the service suits you knowing all of them.

• No unsubscribe handling. There is no opt-out mechanism, no suppression list, and no check that stops a send to someone who has opted out. If a commercial message needs an unsubscribe facility, and by law it does, you have to put one in the words of the message and run it yourself.
• No consent records. Nothing here records who agreed to be contacted, when, or how. If you are asked to prove consent, the only evidence in existence is yours.
• No inbox. Recipients can reply to the mobile number, and those replies land on the handset. They are not shown to you, not forwarded, and not read on your behalf.
• No delivery guarantee and no delivery receipts. Do not use this service where a message failing to arrive causes harm.
• No one-time passcodes. This rail must not be used for security codes, banking codes or any identity verification factor.
• No content screening. Messages are not read, scanned or filtered before they are sent.
• No uptime commitment. There is no service level agreement. Messages queue while the handset is offline rather than travelling, and a queued message waits.
• No security certification. AussieSMS is not ISO 27001 certified, not SOC 2 audited, and has not been independently assessed.
• No Australian-only data residency. The database and the application run overseas. The privacy policy names the countries.

Your account

Give accurate account details, keep your sign-in and API keys confidential, and tell us promptly if a credential or a connected device may be compromised. You are responsible for requests made with your active credentials, and for anything anyone you allow to use your account sends.

You must be acting for a business and be entitled to enter this agreement on its behalf.

What you may send

Use the service only for lawful messages to people you have a lawful basis to contact. The acceptable use policy is part of this agreement and sets out what that means in detail, including the consent, sender identification and unsubscribe obligations that the Spam Act 2003 places on you and, at the same time, on AussieSMS.

Because AussieSMS is the one that physically sends, a breach by you is a legal problem for both of us. That is why breach of the acceptable use policy is a breach of this agreement and can end it immediately.

Credits, price and payment

The service is prepaid. There is no subscription, no monthly fee, no free trial and no minimum term. You buy a pack of credits and spend it whenever you like.

• Starter. $49 for 500 credits.
• Growth. $149 for 2,000 credits.
• Pro. $299 for 5,000 credits.
• Enterprise. $499 for 10,000 credits.

Prices are in Australian dollars and are the prices shown at checkout at the time you buy. The current lowest entry point is $49. Changing a price does not change credits you have already bought.

One credit is one accepted message request. The credit is deducted at the moment the message is accepted onto the queue, in the same transaction, so a message is never queued without being charged and never charged without being queued. Long messages are not charged extra. A message that is refused before it reaches the queue costs nothing, and an invalid row in an uploaded file is never charged for.

A credit is spent on the attempt, not on the arrival. Because delivery cannot be confirmed on this rail, a credit is not refunded because a recipient says they did not receive a message.

Credits do not expire. There is no time limit and no dormancy fee. If that ever changes it will only apply to credits bought after the change, with notice as set out below.

Card payments are handled by Stripe. Returning to the site after checkout is not by itself proof that credits were applied; the signed payment confirmation and your account ledger are the record.

Refunds

You can ask for a refund of credits you have not spent at any time, for any reason, and it will be refunded to the card that bought them. Email support@nearme-ads.com. This applies whether you closed the account or we did.

Credits already spent on messages that were accepted and queued are not refundable, except where the Australian Consumer Law requires it, which it does where the service was not supplied with due care and skill or was not fit for a purpose you told us about.

Availability, suspension and closing an account

AussieSMS may rate-limit, hold, refuse or delay messages, and may suspend or close an account, where that is needed to protect recipients, the shared mobile service, other accounts, or to comply with the law or a regulator. Where a suspension is not urgent you will be told the reason and given a chance to fix it.

You can close your account at any time by emailing us. On closure, unspent credits are refunded as set out above.

Attempting to bypass account, credit or send controls, or automating against the service in a way that degrades it for others, ends the agreement immediately.

Responsibility for what you send

You are responsible for the content of your messages, for having a lawful basis to contact each recipient, and for the accuracy of the numbers you supply. You agree to reimburse AussieSMS for loss it actually suffers, including a penalty imposed on it and the reasonable cost of responding to a regulator or a complaint, to the extent that loss is caused by your breach of the acceptable use policy or by a message you chose to send.

That is limited to what you controlled. It does not extend to loss caused by AussieSMS's own act, omission or breach, and it does not apply to a claim we could reasonably have reduced. You will be told promptly about any claim it might cover and can take part in dealing with it.

Our responsibility to you

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Those rights include that the service be supplied with due care and skill, be reasonably fit for a purpose you made known, and be supplied in a reasonable time.

Where the law permits a limit, and to the extent that a failure is not a failure of a consumer guarantee, AussieSMS's total liability to you for all claims connected with the service is limited to the amount you paid for credits in the 12 months before the claim arose. Neither of us is liable to the other for loss of profit, loss of business or other indirect loss, except where that limitation is not permitted.

Carrier networks, recipient handsets and handset availability sit outside this application, and AussieSMS does not control them.

Changing these terms

These terms may need to change. If a change materially reduces what you get, you will be told by email at least 30 days before it takes effect, and if you do not want it you can close your account and have your unspent credits refunded. Continuing to send after the notice period means you accept the change.

Corrections that do not change the substance, and changes required by law or by a regulator, may take effect sooner, and you will still be told.

Privacy and support

The privacy policy explains what personal information this service handles, where it is stored, and how to get a copy of it or have it corrected or deleted. For account, billing or technical support, email support@nearme-ads.com. Never send passwords, API keys or card details to an address that is not published on this site.