Terms & Conditions v 1.0 · 2026

These Terms & Conditions govern your use of the NextGenSMS bulk SMS platform operated by MComm Technologies (Pty) Ltd. By registering, signing in, or sending a message through the platform, you agree to be bound by them.

1. Scope & acceptance

NextGenSMS is the public-facing bulk SMS service operated by MComm Technologies (Pty) Ltd, a company incorporated in the Republic of South Africa under registration number as filed with the Companies and Intellectual Property Commission. By accessing or using the NextGenSMS platform, registering an account, purchasing credits, or sending any SMS message through the platform, you confirm that you have read, understood and agreed to be bound by these Terms & Conditions.

2. The service

NextGenSMS provides a software-as-a-service platform for sending and receiving application-to-person (A2P) and machine-to-machine (M2M) short message service (SMS) traffic via a managed telecommunications gateway. The platform includes a web application, REST API, webhooks, a flow builder, a URL shortener, landing pages, two-way keyword routing and reseller multi-user accounts.

Messages are routed through licensed South African mobile network operators under MComm Technologies' Individual ECS and ECNS licences issued by the Independent Communications Authority of South Africa (ICASA) and under the Wireless Application Service Providers' Association (WASPA) code of conduct.

3. Your account

You agree to provide accurate, current and complete information when registering, and to keep that information up to date. You are responsible for safeguarding your account credentials, API key and secret, and for all activity that occurs under your account. MComm Technologies is not liable for losses caused by unauthorised access to your account where you have not adequately protected your credentials.

You must notify us immediately of any suspected unauthorised use. We may suspend any account where we reasonably believe the credentials have been compromised.

4. Acceptable use

You agree that you will not, and will not authorise any third party to:

• Send unsolicited commercial communications (spam) to recipients who have not given lawful opt-in consent.
• Send content that is unlawful, defamatory, harassing, threatening, hateful, obscene, or that incites violence or discrimination.
• Send messages containing or facilitating phishing, malware, ransomware, or other fraud.
• Send content that infringes the intellectual property, privacy or publicity rights of any third party.
• Use the platform to traffic in regulated goods or services without the necessary licences or authorisations.
• Resell, mirror or white-label the platform in breach of any separate reseller agreement with MComm Technologies.

Breach of this section may result in immediate suspension or termination of your account and, where appropriate, referral to law enforcement or regulatory bodies.

5. Consent & opt-out

You warrant that every recipient on any list, segment or audience you target through NextGenSMS has given lawful, informed and specific opt-in consent to receive SMS communications from you, and that you can produce evidence of that consent on request. This includes compliance with the Protection of Personal Information Act, 2013 (POPIA) and any applicable direct-marketing regulations.

NextGenSMS automatically handles the WASPA-defined opt-out keywords STOP, CANCEL and UNSUBSCRIBE across all long numbers and short codes. You must not attempt to override, charge for, or otherwise obstruct this opt-out handling.

6. Credits, payment & refunds

SMS credits are sold in tiers at the prices listed on the Pricing page. Each credit entitles you to send one standard-length SMS (160 GSM-7 characters or 70 UCS-2 characters) to a South African mobile network. Longer messages are billed as multiple credits per current mobile-operator concatenation rules.

Payments are processed by Netcash, our PCI-DSS Level 1 payment gateway, and may be made via Instant EFT, credit card, debit order, QR / Scan-to-Pay, Payflex BNPL, retail voucher or retail payment. Prices exclude VAT. International destinations are billed per destination at rates we will quote on request.

Unused credits do not expire. We do not offer refunds on consumed credits or on credits that remain unused after termination, except as required by the Consumer Protection Act, 2008. Errors in pricing or billing must be reported within 30 days.

7. Service levels

We aim to provide a continuously available, high-throughput SMS gateway, but the service is provided "as is" without a formal uptime guarantee. We will use commercially reasonable efforts to route messages successfully and to keep planned maintenance windows short and outside South African business hours. We may suspend the service in emergencies, including to comply with law enforcement or regulatory orders.

8. Intellectual property

All intellectual property in the NextGenSMS platform, including its source code, designs, trademarks, copy and documentation, is owned by MComm Technologies (Pty) Ltd or its licensors. You receive a limited, non-exclusive, non-transferable, revocable licence to use the platform in accordance with these terms. You retain all rights to the message content you send through the platform.

9. Liability

To the maximum extent permitted by law, MComm Technologies (Pty) Ltd will not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, customers, data or goodwill, arising out of or relating to your use of the platform. Our aggregate liability for any claim relating to the platform is limited to the amount you paid us for credits in the three months preceding the claim.

10. Termination

You may terminate your account at any time by contacting us in writing. We may suspend or terminate your account at any time if you breach these terms, fail to pay amounts due, or become insolvent. On termination, your right to use the platform ends immediately. Sections of these terms that by their nature should survive termination — including sections on consent, payment, intellectual property, liability and governing law — will survive.

11. Governing law

These terms are governed by the laws of the Republic of South Africa. Any dispute arising from or relating to these terms or your use of the platform will be resolved in the first instance by good-faith negotiation. Failing that, the dispute will be referred to mediation under AFSA rules, and thereafter to the Gauteng Local Division of the High Court of South Africa, which will have exclusive jurisdiction.

12. Contact

Questions about these terms? Reach us through any of the channels below.

This page is a concept preview. Final terms will be reviewed and signed off by MComm Technologies' legal counsel before public launch.