1. Pricing
   1. There are four aspects of pricing
      1. The initial 3 months SNIPER access fee is billed on set up.
      2. Monthly SNIPER access fees, billed the 1^st day of each calendar month
      3. Each dedicated mobile number will have a monthly rental fee and software access fee,  multiple dedicated mobile numbers will be discounted based on volume
      4. Purchasing initial SMS and MMS credits, as well as ongoing purchase of SMS and MMS credits occurs online
   2. All pricing is quoted excluding GST unless otherwise stated
   3. Pricing can be amended with 30 days notice
2. Terms
   1. SNIPER usage after the initial 3-month establishment period reverts to a month to month basis.
   2. If the monthly license fee is not paid for three (3) months, clients forfeit access to SNIPER and any dedicated mobile numbers allocated to that client
   3. Clients have 24 months from purchase date to use MMS and SMS credits.
   4. Clients who have forfeited use of the dashboard (as per 2.2)  will be required to pay set up fees to run promotions using unused credits, or pay outstanding monthly SNIPER fees.
   5. Initial licence fee and purchase of credits is payable on invoice
   6. MobileDigital’s policy is to refund MMS and or SMS credits id filling issues occur.
3. Services Delivered
   • The monthly access fee is charged per dedicated mobile number and provides Master User Access Login to SNIPER CPaasS Dashboard and up to a maximum of five (5) subordinate users.
   • Additional SNIPER access and additional dedicated mobile numbers can be acquired, with pricing determined by volume of numbers and specific business conditions
   • MobileDigital provide unlimited education and support during AEST business ours
   • Education and Support is provided as;
     • Video Education
     • Screen Sharing Tutorials
     • Face to Face delivered educations
     • 1^st and 2^nd Level Tech Support TEXT
     • Account Management Support
     • Guided Tour
4. Message Size
   • The standard maximum MMS message size allowable, including all associated tags, text, etc, should not exceed 300kb in size. From April 2018 the maximum message size will <600kb. If larger       format sizes are required, please discuss with you MobileDigital account manager as to any associated additional prices that will be applicable.  MobileDigital will not guarantee delivery of any           message greater than 600kb.
   • Message formats are flexible, however there are some image & text parameters that you will need to conform to if designing your own messages. Please refer to the MobileDigital Image Design         Guide and/or contact your MobileDigital account manager for details.
5. On-net & off-net MMS and Service Delivery
   • Within Australia, different telecommunications companies charge carriage at different rates and MobileDigital consider this when setting our pricing. MobileDigital utilizes Telstra as our primary service provider and we consider MMS & SMS delivery to a Telstra mobile number as on-net. Non-Telstra numbers are considered as off-net. If in the unlikely chance that as a customer your Off-net is excessive, we reserve the rights to discuss and potentially change the pricing offered to you.
   • Our pricing from the carrier is for a mix of traffic that is roughly 55% Telstra termination and 45% Optus/Voda.   It is acceptable for the variation to get to to 45/55 –  however if the traffic mix is outside these parameters we would like the opportunity to dissuss the rate.  In over 2 years of providing the service, we have seen no cases where the OPTUS/Voda termination percentage of terminations  has represented more than 45% of the termination.
   • Unless otherwise quoted, MobileDigital will establish the requested services with 48 hours of the agreement date. All work will be undertaken during the MobileDigital standard business hours,  Monday to Friday and excluding public holidays. Any work undertaken by the MobileDigital outside these hours may incur a service charge.
6. MobileDigital’s obligations and the Service
   • MobileDigital will provide the SNIPER Software as a service to the Client’s Business throughout the Term. MobileDigital may improve, update or revise the service from time to time.
   • MobileDigital must ensure;
     • Each MMS and SMS Transaction is accurately completed in accordance with the details inputted by a Customer; and
     • it secures from its suppliers the best available MMS and SMS delivery terms, with the objective that an MMS and SMS transaction is delivered as close to the scheduled delivery time as practical.
   • MobileDigital will provide the service substantially in accordance with its intended purpose (The services intended purpose is to communicate with customers client and not to harass or send inappropriate messages).
   • MobileDigital gives no guarantee that the service will operate uninterrupted, fault-free or   without delay or compromise of its security systems, or that errors will be corrected. Further, the operation of the service relies upon third party service providers, and although MobileDigital will use its reasonable endeavours to procure third-party performance, it gives no guarantees in this respect.
   • Where MobiledDgital is in control, ie:  some security systems, then at a minimum MobileDigital agree to use our  best endeavours to rectify the service and failing to do so within 7 days (or a time frame reasonable) MobileDigital will allow clients to terminate the contract and have the ability to be refunded on a pro rata basis.
   • MobileDigital must cooperate with, and provide information reasonably requested by, the Client, in order to assist the Client to resolve a Customer or Recipient enquiry, claim or dispute relating to       a completed Transaction or a Terminated Transaction.
   • In addition to the Service, MobileDigital will make available to the client data collection and reporting tools when applicable.
   • All upgrades and maintenance to servers where security patches are required will happen outside of work hours and we ensure that no user is logged in to minimise impact, these occur irregularly and are applied as soon as they become available. All software upgrades and services impacted are notified by email and again we wait until there is not campaign or user before applying a software upgrade. Issues pertaining to Network and terminating services and outages from these services are out of our control but we always inform cllients if there is a service issue on the telco terminating network as soon as we are aware of it.
   • MobileDigital will indemnify the client for any reasonable loss, liability or cost suffered or incurred by the client  in connection with a claim by the client except if such loss, liability or  cost is caused by the clients failure to comply with this Agreement, or beyond MobileDigital’s control.
7. Client’s obligations and acknowledgments
   • The Client indemnifies MobileDigital for any loss, liability or cost suffered or incurred by MobileDigital in connection with a claim by a Customer against MobileDigital except if such loss, liability or  cost is caused by MobileDigital’s failure to comply with this Agreement.
   • The Client will not copy or replicate the software, and recognizes MobileDigital Marketing intellectual property as the owner of the SNIPER software and associated services
   • The Client must pay when due the fees in accordance with this agreement.
   • The Client will be solely responsible for responding to any Customer or Recipient enquiry, dispute or claim relating to use of the service
   • The Client must keep any login details if provided to them by MobileDigital secure and treat these credentials as confidential information.
8. Confidentiality
   • Each party acknowledges that Confidential Information howsoever disclosed pursuant to this Agreement is confidential to, proprietary to, and/or a trade secret of, the disclosing party (“Disclosing       Party”).
   • Each party warrants to the other that the Confidential Information of the other party will be used by the first-mentioned party only for the purpose of that party fulfilling its obligations or exercising         its rights under this Agreement.
   • Except as set out in this Agreement, Confidential Information must not be disclosed by the party that has been provided this information (“Receiving Party”) to any person for any purpose without       the prior written consent of the Disclosing Party, except where the Confidential Information which must be disclosed pursuant to any court order or under any law, or comes into the public domain       through no fault of the Receiving Party.
9. Data collected on your behalf
   • All end customer data collected on your behalf remains your property.
   • When MobileDigital stores user or end customer data on your behalf, we will take all reasonable care in providing the highest security to secure data at all times.
   • Once we supply you end customer data, it is your responsibility to provide the data security and all end customer collected data usage is governed by your terms and conditions at that time.
   •  We will retain message records to indicate messages received and sent to a mobile for opt out and message tracking purposes, and all this data will be incirprated within MobileDigitals security framework.

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Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

The communications clients send can have a big impact on the success of our services. That is why ALL MobileDigital clients must consider the Acceptable Use Policy in their use of the MobileDigital services:

• Respectful engagement and reasonable and non-invasive communication must be considered at all times.
• The removal of customer Fear Uncertainty and/or Doubt (FUD) is the best way to ensure the ongoing credibility and integrity of your communications. MobileDigital is aware that 50% of malware on mobile phones is from phishing and spoofing, and if we are aware, so are your customers – therefore clear links with brand recognisable URL addresses are a mandatory component of our  messaging regime.
• ALL communications must be clear.
• MobileDigital will not send SPAM.
• MobileDigital will not render or deliver messages with poorly formatted, truncated or complex links that are not immediately obvious and clear to the receiver.
• MobileDigital will NOT send anything offensive, promote anything illegal, or to harass anyone.
• MobileDigital reserves the right to Not send communications that are not in –accordance with this policy.
• We work hard to maintain the positive reputation of our system, but we count on our clients to pitch in too. You may not:
  • Use the Service in any way that is unlawful or illegal.
  • Send MMS or SMS messages to mobile numbers that are not one of your existing customers or known or related contacts.
  • Spam your customers with MMS or SMS messages; the impact and value of MMS messages are directly related to the impact and the uniqueness.
  • Send MMS or SMS messages to customers that have opted out or have requested to opt out
  • Send MMS or SMS messages past 8 pm at night or before 6am

• MobileDigital reserves the right to refuse delivery of any unlawful or prohibited use.
• MobileDigital will also take abnormal or unusual activity into account in making its determination.
• MobileDigital may at its option, terminate or suspend its relationship immediately if it determines you are using the product contrary to this FUP.