TEMPLATE. This document is a template for the operator to complete and have reviewed by a qualified Malawi lawyer before publication. Every item in square brackets, such as [DATE], must be replaced. It is not legal advice.

Last updated: [DATE]

1. Who we are

SMS YANU is a service operated by Deltacomm (Deltacomm), a company registered in Malawi under registration number BRNR-KJNC6PQA, with its registered office at CG443-303 Off Viphya Avenue, Chigumula, Blantyre, Postal Code 312238, P.O. Box 2617, BT, Malawi ("we", "us"). You can contact us at [email protected] or +265 999 41 27 85.

2. The service

We provide SMS messaging services, including a web dashboard and HTTP API for messages to Malawi numbers, SMPP connections for messages to other destinations, and a reseller programme (together, the "Service"). These terms apply to anyone who creates an account or uses the Service ("you").

3. Accounts

  • You must give accurate details when you register and keep them up to date.
  • You are responsible for keeping your passwords, API keys and SMPP credentials secret, and for all use of your account.
  • Tell us at once at [email protected] if you think your account has been misused.
  • We may ask for proof of identity or business registration before we open or keep an account open: [KYC REQUIREMENTS].

4. Acceptable use

You must not use the Service to send messages that:

  • are unsolicited, where consent is required by law, or are sent to people who have asked you to stop;
  • are fraudulent, misleading, or impersonate another person or organisation;
  • are unlawful, abusive, threatening or harmful;
  • use a sender name you are not entitled to use.

You are responsible for the content of your messages and for having the consent your recipients are required by law to give. Sending rules for specific sectors or message types: [SECTOR AND CONTENT RULES].

Report spam or misuse of the Service to [email protected].

5. Sender names

[SENDER NAME REGISTRATION RULES, APPROVAL PROCESS AND ANY FEES]

6. Prices, credit and payment

  • The Service is prepaid unless we agree otherwise in writing. Prices are in MWK unless stated otherwise; USD may also be offered.
  • Current prices: [WHERE PRICES ARE PUBLISHED].
  • Taxes: [TAX TREATMENT, FOR EXAMPLE VAT].
  • Refunds and unused credit: [REFUND AND CREDIT EXPIRY POLICY].
  • Payment methods: manual top-up by bank transfer or mobile money, credited after our staff approve it. Online payment with Airtel Money, TNM Mpamba, card. [BANK AND MOBILE MONEY ACCOUNT DETAILS OR WHERE THEY ARE SHOWN]
  • Billing questions: [email protected].

7. Delivery

Messages are delivered through mobile networks that we do not control. We will make reasonable efforts to deliver messages, but we do not guarantee that every message will be delivered, or delivered within a particular time. Charging rules for messages that are not delivered: [CHARGING RULES FOR UNDELIVERED MESSAGES].

8. Resellers

If you join the reseller programme, you are responsible for your own clients, their use of the Service, and for passing on these terms or equivalent terms to them. [ADDITIONAL RESELLER TERMS]

9. Suspension and termination

We may suspend or close an account that breaks these terms, puts the Service or other users at risk, or where the law requires it. You may close your account at any time by contacting us. [NOTICE PERIODS AND WHAT HAPPENS TO REMAINING CREDIT]

10. Liability

[LIMITATION OF LIABILITY CLAUSE, TO BE DRAFTED BY COUNSEL]

11. Privacy

We handle personal data as described in our privacy notice.

12. Changes to these terms

We may update these terms. We will give notice of material changes by [NOTICE METHOD AND PERIOD].

13. Governing law

These terms are governed by the laws of [GOVERNING LAW, FOR EXAMPLE THE REPUBLIC OF MALAWI], and disputes are handled by [COURTS OR DISPUTE RESOLUTION FORUM].

14. Contact

Deltacomm (Deltacomm), CG443-303 Off Viphya Avenue, Chigumula, Blantyre, Postal Code 312238, P.O. Box 2617, BT, Malawi, [email protected], +265 999 41 27 85 or +265 882 00 27 10.