Vodafone Managed Messaging Service Terms
Vodafone Managed Messaging Service Terms Version Date: 8 August 2020 1. General Service Summary: Vodafone Managed Messaging Service (the “Service”) is a global messaging platform that provides intelligent text message routings. The term “Service” includes each Service Element. 2. Conditions of Use 2.1 Customer Prerequisites: Customer must provision and maintain (a) suitable hardware or communications equipment and all infrastructure necessary to ensure its access to the Service; and (b) be responsible, at its own expense, for the provision and the regular monitoring of telecommunication and access infrastructure between Customer’s operations centre and the Service (“Customer Prerequisites”) to receive Service. Vodafone is not responsible for any performance or nonperformance issues with the Service caused by the Customer Prerequisites or Customer failing to comply with the Customer Prerequisites. If Customer fails to provision or maintain the Customer Prerequisites, Vodafone may terminate the Service and apply a Recovery Charge. 2.2 Authorised Users: Access by Customer to the Service is limited to Authorised Users. Vodafone will provide each authorised User with a user name, password, or other access information (“User Details”). Customer is responsible for: (a) the security of the User Details; (b) providing Vodafone with the identity of the authorised Users, level of access and keeping that information current; and (c) authorised Users’ compliance with the Customer Agreement. Vodafone accepts no liability for any unauthorised or improper use or disclosure of any User Details. Customer is liable for all acts and omissions conducted using the User Details. 2.3 License Grant: Vodafone grants (or procures the grant of) to Customer a non-exclusive, non-transferable, nonsublicensable license to use the Platform, solely in connection with the Service for Customer’s own internal business purposes for the duration of the Customer Agreement. 2.4 Platform Use: In addition to the IPR clauses in the General Terms, Customer will not: (i) except to the extent that Applicable Law requires a provider to give Customer permission to do so, directly or indirectly, reverse engineer, decompile or disassemble the Platform in any manner; (ii) copy, rent, lease, distribute, pledge, assign or otherwise transfer or encumber rights to the Platform to any third party; (iii) remove any proprietary notices or labels from the Platform (iv) use the Service on unauthorised equipment or products; (v) use or permit the Service to be used to perform services for third parties, whether on a service bureau, software-as-a-service (SaaS), time-sharing basis or otherwise; (vi) disclose, provide, or otherwise make available trade secrets contained within the Services in any form to any third party; or (vii) release, publish, and/or otherwise make available to any third party the results of any performance or functional evaluation of the Service. All Intellectual Property Rights in the Platform, programming tools, methodology, reports, designs, drawings, diagrams, images and any other materials provided by Vodafone and/or its licensors remain the exclusive property of Vodafone and/or its licensors. 2.5 Unsolicited Traffic: 2.5.1 Customer will not use the Service for any illegal, immoral or improper purpose or in any manner which contravenes Applicable Law, codes, regulatory requirements of the appropriate jurisdiction or Mobile Operator requirements, or in contravention of the Service requirements as they exist and as they change over time and undertakes not to allow any third party, including Users to use the Service in contravention of this clause 2. 2.5.2 Customer shall, and / or shall ensure its Users take steps necessary to comply with Applicable Law as applies to the sending of messages in each country. This shall include, where relevant, registering with and providing information to relevant authority(ies) in the jurisdiction(s) to which the Customer or its User and their Clients are sending text messages. Such steps must be taken before messaging traffic is sent to any jurisdiction where such rules apply. 2.5.3 Vodafone shall under no circumstances be liable for losses due to fraudulent or illegal use of the Service by any Customers, Users, or customers of Customers. 2.5.4 In the event the Customer fails to comply with this clause 2, or in the event that, notwithstanding the actions as set out in this clause 2, unsolicited traffic is sent over the Service, Vodafone may, at its sole discretion, immediately suspend the Service or terminate the Customer Agreement, without prejudice to any damages that Vodafone may be entitled to claim. 2.5.5 Customer shall under no circumstances send unsolicited traffic via the Service and shall ensure that Customer’s Agreements with its Users contain clauses that prohibit all sending of unsolicited traffic. 2.5.6 If Customer (including its Users and their clients) sends unsolicited traffic that affects the Service: (a) the Party detecting that unsolicited traffic must immediately notify the other Party that unsolicited traffic has been sent; (b) the Parties will immediately commence work in good faith and exchange information (with timestamp, content, destination number and originator) to determine the source of the unsolicited traffic as soon as possible; and (c) Customer must immediately terminate the connection with the User that has originated the unsolicited traffic and shall ensure that the offending User is no longer connected to the Services. 2.5.7 If any part of this clause 2.5 is breached, Vodafone may immediately suspend the Service or terminate the Customer Agreement, at its sole option, without prejudice to any damages that Vodafone may be entitled to claim. 2.6 Applicable Laws: Vodafone and Customer shall respectively comply with all Applicable Law. 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3. Data Protection 3.1 Data Processor: Vodafone is the Data Processor for this Service. Vodafone’s Data Protection Terms when Vodafone is Data Processor apply, including local terms, as applicable. 3.2 Data Table: Vodafone Processes User Personal www.vodafone.com/business/vge-customer-terms. 3.3 Customer’s Data Obligations: Customer shall: Data as set out in the Data Table available at 3.3.1 be responsible for notifying Users of the Processing activities to be carried out by Vodafone and its Third Party Provider in connection with the provision of the Platform and Services by Vodafone; 3.3.2 comply with applicable data protection and information security regulations, and other mandatory requirements imposed by any Authority in all jurisdictions where Users receive such Services; 3.3.3 be responsible for obtaining and maintaining User consent (including written consent where necessary) to such Processing activities, including, but not limited to, the collection, use storage, transfer and export of their User Personal Data by Vodafone or its Third Party Provider; and 3.3.4 provide Vodafone with such information as it reasonably requests in a timely manner and shall ensure that any information provided is accurate and complete. 3.4 Indemnity: Vodafone shall have no liability for, and Customer shall indemnify Vodafone against, claims by a third party (including Authority and Users) against Vodafone arising from Customer’s failure to comply with clause 3.3. 4. Support and Delivery Services 4.1 Support Service: Vodafone will provide Customer with Support Service for the Service Elements ordered by Customer. 4.2 Support Parameters: Support Service is available in English only. Support Service is available as shown below: Support Service Service Cover Period Global Service Operations Centre (GSOC) 24/7 Proactive System Monitoring 24/7 Priority Level 1 and Level 2 Incidents may be reported at any time during the Service Cover Period. Priority Level 3 and Level 4 Incidents may be reported during Working Hours. 4.3 Contact: Customer must appoint primary and secondary points of contact responsible for accessing the Support Service and communicating with Vodafone during the relevant Service Cover Period. Customer will inform Vodafone, and keep Vodafone up-to-date with the appointed individuals’ identity and level of access. 4.4 Conditions: Customer will: (a) reimburse Vodafone for reasonable expenses associated with actions taken when Customer has reported an Incident caused by an Excluded Event; and (b) permit Vodafone to interrupt the Service to resolve a Priority Level 1 or 2 Incident (or the Incident will be downgraded to a Priority Level 3 Incident). 4.5 Planned Works: Vodafone may temporarily interrupt the Service to carry out Planned Works. Vodafone will notify Customer in advance of any Planned Works. “Planned Works” means planned Vodafone-initiated changes to the Service (for example, to carry out essential maintenance or upgrades). 4.6 Agreed Delivery Date: Vodafone will provide Customer with the delivery date of a Service Element (“Agreed Delivery Date”) and use reasonable endeavours to deliver the Service Element by the Agreed Delivery Date. If Customer requests a change before delivery of the Service Element, Vodafone will either adjust or cancel the applicable Order subject to any Recovery Charge and/or amend the Agreed Delivery Date, as applicable. 4.7 Service Commencement Date: Vodafone will make the Service available to Customer or notify Customer that the Service is ready for use (“Service Commencement Date”). 4.8 Correction: Customer must notify Vodafone within 5 Working Days of the Service Commencement Date if the Service is not available for use and provide sufficient supporting details. Upon receipt of notification, Vodafone will take reasonable action commence service delivery. 5. Service Level Terms 5.1 Applicability: Service Level terms apply from the Service Commencement Date for the applicable Service Element depending on the Service Level measure, unless stated otherwise. 5.2 Excluded Events: Vodafone is not responsible for failure to meet Service Level if the Service Level is affected by an Excluded Event. 6. Service Commencement Service Level: The Service Commencement Date for a Service Element will be on or before the Agreed Delivery Date unless Customer requests a change in Services prior to the Agreed Delivery Date. Page 2 of 5 C1 Public
7. Service Availability 7.1 Calculation: 7.1.1 Percentage Availability is calculated as a monthly percentage of: Service Hours – (Planned Outage) – (Unplanned Outage) X100 Service Hours – (Planned Outage) where: “Planned Outage” means the total number of minutes that Service is Unavailable in a one month period by reason of Planned Works. “Unplanned Outage” means the total number of minutes that Service is Unavailable in a one month period. “Service Hours” means the total number of minutes in a one month period. 7.2 Service Levels: The following Availability Service Level Objective applies: Service Type Measure Service Availability Web Interface/Platform availability including all components The availability of the interface and Platform, not including outages that fall within pre-notified planned maintenance windows. 99.8% measured monthly 8. Latency Service Level Objectives Service Type Measure SLO Internal Latency The time from Vodafone’s acknowledgement of message reception, until processed by Vodafone and message reception acknowledged by relevant Mobile Operator for onward delivery to handset. Less than 3 seconds for 90% of traffic per month External Latency The time from Vodafone’s acknowledgement of message reception, until message is delivered to relevant handset. Less than 16 seconds for 90% of traffic per month 8.1 These SLOs are only valid when the following are true when sending an SMS: (a) the handset is switched on and fully functional; (b) the handset is within Network reach; (c) the handset is not roaming; (d) the mobile number is valid; (e) the message is sent with agreed content type and format; and (f) the destination Mobile Operator is not experiencing latency issues. 9. Contact and Escalation Levels Team Contact Details Level 1: Customer own Helpdesk Customer’s helpdesk Level 2: Vodafone Global Helpdesk Globalhelpdesk@vodafone.com 2 02 3828 6100 or 2 02 2529 2827 Escalation Level 1: Vodafone Account Manager Contact Vodafone Account Manager Escalation Level 2: Vodafone Product Management Managed.Messaging@vodafone.com 10. Priority of Incidents 10.1 The following Priority Level definitions apply to the Service: Priority Level Priority Level definitions 1 Total outage or critical performance degradation of the Service and complete loss of core business functions. Affects majority of Users and there is no possible alternative or workaround. Causes critical business or security impact or loss of goodwill for Customer. 2 Partial outage or major performance degradation of the Service and loss of non-core business functions. Affects a significant proportion of Users and there is no acceptable alternative or workaround. Causes major business or security impact or loss of goodwill for Customer. 3 Minor performance degradation of the Service or minor limitation to business functions. Has minor impact on a small number of Users or a workaround is available. Page 3 of 5 C1 Public
Priority Level Priority Level definitions Causes minor business or security impact or loss of goodwill for Customer. 4 Causes little or no limitation to the functionality for a single User or Users. Non-Service affecting and business impact for Customer is negligible. 11. Incident Resolution Times 11.1 The following table sets out the Service Level Objective for Platform or SMS delivery related Incidents, measured monthly. 11.2 For Priority Level 1 and 2 Incidents, the Incident Resolution Time is calculated as the number of whole units of time (as applicable) between the time Vodafone issues a Trouble Ticket and the time Vodafone confirms to Customer that the Incident is resolved or path to resolution is agreed as set out below. Incident Type Measure Incident Resolution Time Contact centre call handling Time for VGE Global Helpdesk to answer a call (following any Customer specific messages or menus). Caveat: this SLO is measured across all Customer bases and is not Customer specific. 90% within 20 seconds Logging of Incidents/response time Time taken from receipt of email to respond and raise a ticket, assuming accurate data set received. or Time taken to respond to ticket raised by Customer, assuming accurate data set received. (Where the selfservice ticketing tool is used, an instant response will be received. Note: P1 and P2 must be reported initially by phone). 90% within 1 hour Priority Level 1 Maximum time to agree path to resolution 90% within 90 minutes Priority Level 2 Maximum time to agree path to resolution 90% within 180 minutes Priority Level 3 Maximum time to agree path to resolution 90% within 3 Working Days Priority Level 4 Maximum time to agree path to resolution 90% within 10 Working Days 12. Definitions 12.1 Applicable Law means law, regulation, binding code of practice, rule, order or requirement of any relevant government or governmental agency, professional or regulatory Authority, each as relevant to (a) Vodafone in the provision of the Service and/or (b) Customer in receipt of the Service or carrying out of its business. 12.2 Authority means those governments, agencies, courts of law, and professional and regulatory authorities including National Regulatory Authorities (“NRAs”) that supervise, regulate, investigate, or enforce Applicable Law. 12.3 Charges means the charges or fees set out in the Customer Agreement, the Order or Price Lists. 12.4 Customer means the Party receiving Service under the Customer Agreement. 12.5 Customer Agreement means an agreement for purchase of Services signed by both Parties. 12.6 Customer Group means Customer and any company that controls, is controlled by, or is under common control with Customer. For this purpose, control means having the beneficial ownership of more than 50% of the issued share capital, or the legal power to direct the general management of the company in question, at or after the date of the Customer Agreement (and Customer Group Company(ies) or CGC has a corresponding meaning). 12.7 Data Protection Terms means the terms regarding data protection in the General Terms, or if those General Terms are not applicable, the Data Protection Terms found at www.vodafone.com/business/vge-customer-terms. 12.8 Excluded Event means an Incident caused by: (a) another Vodafone service purchased under a separate Customer Agreement; (b) non-Vodafone-supplied power, Customer Equipment, non-maintained structured cabling or other systems or networks not operated or provided by Vodafone (including an Incident relating to consumption of services over the internet); (c) the negligence, act, or omission of Customer or a third party not within Vodafone’s direct control; (d) Customer’s delay or non-performance of any of Customer obligations set out in the Customer Agreement; (e) Customer’s request to modify or test a Service Element; (f) a Force Majeure event or Service suspension that is permitted under the Customer Agreement; (g) a configuration change during implementation; and (h) Planned Outage. 12.9 Force Majeure means any circumstances, events, omissions, or accidents beyond the reasonable control of a Party, and that could not have been avoided by due diligence, and that prevent that Party or its Third Party Providers from performing any or all of its obligations (excluding the obligation to pay Charges). 12.10 General Terms means the General Terms or master agreement identified in the Customer Agreement. 12.11 Incident means an unplanned interruption to or a reduction in the quality of the Service, or a failure of a Service configuration item. 12.12 Intellectual Property Rights or IPR means: (a) rights in any patents, registered designs, design rights, trademarks, trade and business names (including all goodwill associated with any trademarks or trade and business names), copyright, moral Page 4 of 5 C1 Public
rights, databases, domain names, topography rights, and utility models, and includes the benefit of all registrations, applications to register, and the right to apply for registration of any of the foregoing items, and all rights in the nature of any of the foregoing items, each for their full term (including any extensions or renewals) and wherever in the world enforceable; (b) rights in the nature of unfair competition rights and rights to sue for passing off; and (c) trade secrets, confidentiality, knowhow and other proprietary rights. 12.13 Monthly Measurement Period means the period from the Service Commencement Date up to the end of the calendar month and then each calendar month thereafter (save for the last month that will end upon the termination date of the Service). 12.14 Mobile Operator means the legal entity which operates a mobile telecommunications system or network. 12.15 Network means the communications network and the equipment and premises that are connected to the network that are used by Vodafone and Vodafone Group Companies. 12.16 Party or Parties means the parties to the Customer Agreement. 12.17 Platform means the managed messaging web interface that Vodafone grants Customer access to, as part of the Service. 12.18 Price List means Vodafone’s standard pricing in the relevant territory at the applicable time. 12.19 Process/Processed/Processing means obtaining, recording, or holding information or data or carrying out any operation or set of operations on it. 12.20 Recovery Charge means any amount payable by Customer for early termination or failure to meet commercial commitments as set out in the Customer Agreement. 12.21 Service Element means the individual components of the Service including optional services if applicable. 12.22 Service Level(s) means the service levels that apply to the provision of the Service as set out in these Service Terms. 12.23 Service Level Objective or SLO means the performance Vodafone expects to provide, without associated Service Levels or service credit. 12.24 Third Party Provider means a third party contracted by either Vodafone or Customer that provides a Service Element or that provides service that connects to the Service. Third Party Providers may include members of the Vodafone Group. 12.25 Trouble Ticket means a record of an Incident with a unique reference allocated to it that is used for all subsequent updates and communications. 12.26 Unavailable or Unavailability means Customer cannot access the Platform for message submission according to the interface specification and is unable to deliver messages to a relevant Mobile Operator for reasons other than an Excluded Event. 12.27 User means an end user of the Services who must be a permanent or temporary employee or sub-contractor of Customer. 12.28 User Personal Data means any information that relates to an identified or identifiable User. 12.29 Vodafone means the member of the Vodafone Group that is a Party to the Customer Agreement. 12.30 Vodafone Group means: (a) Vodafone Group Plc, Vodafone and any company that Vodafone Group Plc owns (directly or indirectly) 15% or more of the issued share capital; and (b) any partner listed on the “Where we operate” page in the “About” section at www.vodafone.com (and Vodafone Group Company(ies) or VGC has a corresponding meaning). 12.31 Working Day means on Monday to Friday inclusive, but excluding public holidays in the country where the Service is delivered from. 12.32 Working Hours means the hours between 0900 and 1700 (local time) on a Working Day. Page 5 of 5 C1 Public
4.1 Support Service: Vodafone will provide Customer with Support Service for the Service Elements ordered by Customer. 4.2 Support Parameters: Support Service is available in English only. Support Service is available as shown below: Support Service Service Cover Period Global Service Operations Centre (GSOC) 24/7 Proactive System Monitoring 24/7
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