SMS Service Terms

Nehos Communications Pty Ltd | ABN 38 108 343 095
Effective Date: 1 April 2026
Version: 1.0

These SMS Service Terms (“SMS Terms”) form a supplementary agreement to the Nehos Communications Terms & Conditions of Trade (“General Terms”). By ordering or using Nehos SMS Services, you agree to these SMS Terms in addition to the General Terms. Where there is a conflict, these SMS Terms prevail for SMS Services.

1. Service Description

1.1 Nehos SMS Services (“the Service”) provides outbound and inbound Short Message Service (SMS) messaging via dedicated Australian mobile numbers allocated to your account. The Service supports messaging to Australian and New Zealand mobile numbers.

1.2 The Service includes:

Sending and receiving SMS messages to and from Australian and New Zealand mobile numbers
A dedicated Australian mobile number for your business
Access to the Nehos customer portal for message management
REST API access for system integration (where applicable)
Message delivery reporting and history

1.3 The Service does not include:

Multimedia Messaging Service (MMS)
International SMS beyond New Zealand (unless separately agreed)
Premium-rate or short-code messaging
Guaranteed message delivery (SMS delivery is carrier best-effort)

2. Charges and Billing

2.1 Message charges are calculated per 160-character segment. Messages exceeding 160 characters are automatically split into multiple segments and billed accordingly (e.g., a 320-character message equals 2 segments). Multi-part messages use 153 characters per segment due to concatenation headers.

2.2 Inbound SMS messages received to your Nehos number are not charged.

2.3 Number fees for dedicated Australian mobile numbers are billed monthly in advance as a recurring charge.

2.4 Usage charges for outbound messages are billed monthly in arrears and will appear as a line item on your regular Nehos invoice.

2.5 Rates for outbound messages and number fees are as quoted to you at the time of ordering. Nehos may vary rates with not less than 30 days’ written notice.

2.6 All charges are in Australian dollars (AUD) and exclude GST unless stated otherwise.

2.7 Payment terms, late payment fees, and invoice dispute processes are as set out in the General Terms.

3. Acceptable Use

3.1 You must comply with the Spam Act 2003 (Cth) and all applicable ACMA rules regarding commercial electronic messages, including:

Obtaining valid consent before sending commercial or marketing messages
Including your business identity and contact details in every commercial message
Providing a functional opt-out (unsubscribe) mechanism in every commercial message
Honouring opt-out requests within 5 business days

3.2 You must not use the Service to:

Send unsolicited bulk messages (spam)
Send messages that are misleading, deceptive, fraudulent, or illegal
Harass, threaten, or abuse any person
Impersonate another person or business
Send messages containing malicious links or malware
Circumvent any anti-spam or consumer protection laws

3.3 Nehos may immediately suspend your SMS Service without notice if we reasonably believe you are in breach of this clause. Suspension does not relieve you of your obligation to pay charges incurred.

3.4 You are responsible for all messages sent from your account, including messages sent via the API by your systems or integrations.

4. Message Delivery

4.1 SMS delivery is provided on a best-effort basis. Nehos does not guarantee that any particular message will be delivered, or delivered within a specific timeframe.

4.2 Message delivery depends on the recipient’s carrier network, handset, and coverage. Delivery failures may occur due to factors outside Nehos’s control, including but not limited to:

Invalid or disconnected recipient numbers
Carrier network outages or congestion
Recipient handset being switched off or out of coverage
Carrier-level spam filtering

4.3 Delivery status reporting (delivered, pending, failed) is provided where available from the underlying carrier network.

4.4 Nehos is not liable for any loss, damage, or expense arising from the failure or delay of message delivery.

5. Number Management

5.1 Dedicated mobile numbers are allocated to your account and are not shared with other customers.

5.2 Numbers remain active for the duration of your SMS Service. If your Service is cancelled or terminated, your numbers will be released after the cancellation effective date.

5.3 Porting: You may port your existing mobile number to Nehos, or port your Nehos number to another provider, subject to standard industry porting processes. Standard 30-day cancellation notice applies.

5.4 Sender IDs: Alphanumeric sender IDs (e.g., your business name instead of a phone number) are available on request, subject to ACMA registration requirements. Messages sent from alphanumeric sender IDs cannot receive replies.

6. API Access

6.1 Where API access is provided, you are responsible for securing your API credentials and ensuring that your integration complies with these SMS Terms.

6.2 Nehos may impose rate limits on API usage to protect platform stability. Current rate limits will be communicated to you at the time of API access provisioning.

6.3 API access is provided “as is” without warranty. Nehos may update the API with reasonable notice.

7. Data and Privacy

7.1 Nehos retains message metadata (sender, recipient, timestamp, segment count, delivery status) for billing and service delivery purposes. Message content is not stored by Nehos beyond the point of carrier submission.

7.2 You are responsible for your own obligations under the Privacy Act 1988 (Cth) and any applicable privacy laws in relation to personal information contained in your messages.

7.3 Message records are available to you via the customer portal and API for 12 months from the date of the message.

8. Suspension and Termination

8.1 SMS Service may be suspended or terminated in accordance with the suspension and termination provisions of the General Terms.

8.2 In addition, Nehos may immediately suspend SMS Service without notice if:

You breach the Acceptable Use provisions (clause 3)
A carrier or regulatory body directs Nehos to do so
Your messaging activity is causing harm to the Nehos platform or other customers

8.3 On termination of SMS Service, any unused portion of prepaid number fees is non-refundable unless termination is due to Nehos’s breach.

9. Limitation of Liability

9.1 To the maximum extent permitted by law, Nehos’s total liability for any claim arising from or related to SMS Services is limited to the total SMS charges paid by you in the 3 months preceding the claim.

9.2 Nehos is not liable for any indirect, consequential, or incidental loss arising from the use or inability to use SMS Services.

9.3 Nothing in these SMS Terms excludes or limits any rights you may have under the Australian Consumer Law that cannot be excluded by agreement.

10. ACMA Compliance

10.1 You acknowledge that SMS Services are subject to regulation by the Australian Communications and Media Authority (ACMA) and you agree to comply with all applicable ACMA rules and industry codes.

10.2 Nehos may require you to provide information or take action to comply with ACMA requests, investigations, or directions related to your use of the Service.

11. Changes to These Terms

11.1 Nehos may update these SMS Terms from time to time. We will provide you with not less than 30 days’ written notice of any material changes. Your continued use of the Service after the notice period constitutes acceptance of the updated terms.

12. General

12.1 These SMS Terms are governed by the laws of Queensland, Australia.

12.2 Terms not defined in these SMS Terms have the meaning given in the General Terms.

12.3 If any provision of these SMS Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.