SMS Service Agreement

1.1 The parties have previously entered into the EULA under which BPS grants You a non-exclusive and non- transferable licence to use Best Practice Software.
1.2 BPS provides access to SMS Services via a third-party Service Provider.
1.3 Your use of the SMS Service is conditional upon You agreeing to be bound by the Terms set out in this Agreement.
1.4 You agree to be bound by this Agreement from the earlier of:

1. clicking “I agree”, ticking an acceptance box, or otherwise accepting these Terms electronically;
2. purchasing Bp Comms Pack or paying any applicable setup fee; or
3. accessing or using the SMS Services.

1.5 This Agreement binds You and all Your employees, contractors and agents.

2.1 BPS provides a platform that enables You to send SMS messages via a Service Provider.
2.2 BPS does not create, control or monitor message content.
2.3 SMS delivery is dependent on third-party carriers and networks and is not guaranteed.
2.4 BPS may modify, suspend or discontinue the Services at any time.

3.1 This Agreement continues until terminated.
3.2 BPS may suspend or terminate access immediately if:

1. You breach this Agreement or the EULA;
2. Your use may breach any law or regulation;
3. required by a Service Provider, carrier or regulator; or
4. Your use creates risk, complaints, or liability.

3.3 This Agreement will automatically terminate if:

1. the Service Provider agreement ends; or
2. the EULA is terminated.

3.4 BPS may terminate this Agreement on 30 days’ notice.

4.1 Messaging Fees are set out in Appendix of this Agreement.
4.2 You must pay all fees when required.
4.3 Fees are non-refundable except as required by law.
4.4 You are responsible for all usage under your account.

5.1 You must comply with all applicable laws, including the Spam Act 2003 (Cth) and all requirements of the Australian Communications and Media Authority (‘ACMA’).
5.2 You must obtain valid consent from recipients before sending messages.
5.3 All messages must clearly identify You as the sender.
5.4 You are solely responsible for any Sender ID (including Alpha Tags). You must ensure that:

1. it is accurate and not misleading;
2. it does not impersonate another entity;
3. you have rights to use it, and
4. it complies with all laws and industry requirements.

5.5 BPS may block or modify any Sender ID.
5.6 Messages must include a functional unsubscribe facility.
5.7 You must process opt-out requests promptly.
5.8 You must not send unlawful, misleading, offensive or unsolicited messages.
5.9 You are solely responsible for all messages sent using the SMS Services.

6.1 You must not use the Services to:

1. breach any law;
2. send harmful, abusive or deceptive content;
3. distribute malware or harmful code;
4. infringe privacy or intellectual property rights.

7.1 BPS retains all title and intellectual property rights in Best Practice Software.
7.2 the Service Provider retains all the title and intellectual property rights in the messaging software, and it remains the property of the Service Provider.
7.3 You must not permit any act which infringes BPS’s or the Service Provider’s rights to the intellectual property rights.

You must:

8.1 Accept responsibility for all aspects of the use of the SMS Services and the Additional Services, including actions, omissions, and/or errors of a Carrier and/or any person in possession of Your password, username and log-in details.
8.2 Not use or seek to use the SMS Services or the Additional Services for publishing, reproducing or advertising any message information, symbol or other communication which is offensive or abusive or of an indecent, obscene or menacing character or for the purpose of causing annoyance, inconvenience or needless anxiety to any person or for any unlawful purpose.
8.3 Use the SMS Services solely for the purpose of general information to Your patients and the provision of Restricted Content is expressly prohibited under this Agreement;
8.4 Ensure that every Message sent using the SMS Services is sent to, received and read by the correct recipient (and not anybody else).
8.5 Not use the SMS Services, connections or facilities to:

• transmit any information or material that violates state or federal law;
• transmit any material that is in contravention of any privacy or copyright laws or any other propriety interest;
• transmit any viruses or forge any messages; or
• send any obscene, sexually explicit, abusive or defamatory material.

8.6 Comply with anti-spam legislation, guidelines and codes of practice and You must not use the SMS Services or the Additional Services to circulate or send any unsolicited or unauthorised marketing, publicity or advertising material or message any person unless the person has first consented to receiving the material, and the person has been provided with a means to Opt-out of receiving any further material, and the person can clearly identify that You are the sender of the material. Upon receipt of an Opt-out request, You must remove the person from any relevant marketing list as soon as practical.
8.7 Contact BPS to increase the daily limit of 50,000 SMS messages.
8.8 Accept responsibility for any Assignment of Benefit (AOB) messages sent without a registered Sender ID in accordance with ACMA requirements. You further acknowledge that recipients of such messages may see them as “unverified” or “spam”.

9.1 To the maximum extent permitted by law, BPS excludes liability for indirect or consequential loss.
9.2 BPS’s total liability is limited to fees paid in the previous 3 months.
9.3 BPS is not liable for carrier or network failures.

10.1 You indemnify BPS against all claims, losses, damages, penalties and costs arising from:

1. your use of the Services;
2. breach of this Agreement;
3. messages sent using your account; or
4. non-compliance with applicable laws.

11.1 Fees are exclusive of GST unless stated otherwise. You must pay applicable GST.

BPS may update these Terms at any time. Continued use of the Services constitutes acceptance.

This Agreement is governed by the laws of Queensland, Australia.

Additional Services means those services over and above the SMS Services that may be provided from time to time by BPS as an enhancement and/or addition to the SMS Services.

Alpha Tag means a custom alphanumeric sender ID used in place of a phone number for Messages.

Bp Comms Pack means the dollar value of credit that You buy from BPS which enables You to send Messages. The dollar value of the Bp Comms Pack determines the unit price of each Message.

Carrier means an Australian or international telecommunications’ carrier.

Dedicated Number means allows You to send appointment reminder Messages from a single Dedicated Number thereby allowing patients to recognise Your practice as the sender. Dedicated Number cannot be used for other BPS SMS message types such as clinical reminders, clinical communications or health-awareness Messages.

ePrescription means an electronic prescription, in the form of a token, generated and sent as an SMS or Best Health App message from Bp Premier and received by the mobile phone or Best Health App. Each ePrescription counts as one Message Credit; resending an ePrescription counts as an additional Message Credit.

EULA means the End User Licence Agreement between BPS and You for the use of Bp Premier software product.

Message means text or binary content generated from either a mobile telephone or other application such as a website, call/content centre or PC terminal and received by mobile telephone or otherwise.

Message Credit means the unit cost of each Message and ePrescription, where the unit cost of the Message Credit is determined by the Bp Comms Pack You purchase from BPS. Message Credits may be used for SMS, ePrescriptions, Best Health App and AOB messages.

Messaging Fees means the fees initially set out in the Appendix, as varied by notice from time to time.

Opt-out means the ability for a person to stop receiving any further text messages from You, or anyone on Your behalf.

Restricted Content means content that:

1. Is likely to be, having regard to the contemporary attitudes of Australian society, offensive to reasonable adults;
2. Is likely to be, having regard to the average attitude of Australian society, unsuitable for minors;
3. Incites or instructs in the matter of crime;
4. Describes, incites or promotes unlawful sexual activity;
5. Promotes or incites violence against any person or group or incites racial hatred;
6. Causes unnecessary harm, distress or panic to any person;
7. Is false, misleading or deceptive, or likely to mislead or deceive;
8. Provides financial advice to any person;
9. Is out of date, having regards to the information generally available, subsequently published or released or made available; and/or
10. Is for the purpose of providing warnings or notifications about serious risk to the safety of personal property (for example emergency services)

Service Provider means the messaging provider that BPS selects at its discretion.

SMS Services means the service provided by the Service Provider through BPS which enables You to send and receive Standard Messages through the Service Providers SMS Gateway.

Standard Message means the size of a Message as defined by the SMS Service Provider. The Service Provider’s SMS system allows a maximum message size of 160 characters. If a longer message is sent, the system splits it to two or more separate SMS’s that may be reassembled on delivery so that they appear to be a single message (or, on some handsets, may be delivered as a series of separate SMS). When a longer message is split in this way, the components are no more than 153 characters long, as seven characters are used to facilitate re-joining on delivery. As a result, a longer message will result in more than one SMS being transmitted, and charges apply accordingly. Charges for an SMS Service will be based on the number of SMS Messages sent, calculated in accordance with the following rules:

1. If you include any Unicode characters and send via a Unicode supported service, content that contains no more than 70 characters counts as one SMS. In all other cases, content that contains no more than 160 characters counts as one SMS.
2. If You include any Unicode characters and send via a Unicode supported service, content that contains more than 70 characters counts as one SMS for each block of 67 characters or part thereof. In all other cases, content that contains more than 160 characters counts as one SMS for each block of 153 characters or part thereof.
3. ‘Character’ includes each individual letter, digit, punctuation and other symbol in the content.
4. Each press of a ‘spacebar’ generates a separate character.
5. Some special symbols and non-English letters may comprise of more than one character, and you will be charged accordingly.
6. Where an SMS Message is sent to multiple end users, each one is counted separately.

Unicode Characters are essentially characters within SMS messages that are not found in the in the GSM-7 character set. A standard/normal SMS allows up to 160 characters from the GSM-7 character set, including all Latin characters from A-Z, the digits 0-9, plus an additional few special characters.

Unrestricted Content means content not falling within the definition of Restricted Content.

Appendix

Bp Comms Pack	$ Amount (1)	SMS (1)	App (1)	AOB Messages (1)
Comms Pack 1 – Bp Premier	$150	13c	5c	4c SMS
Comms Pack 2 – Bp Premier	$350	12c	5c	4c SMS
Comms Pack 3 – Bp Premier	$600	10c	5c	4c SMS
Comms Pack 4 – Bp Premier	$1,000	8c	5c	4c SMS
Comms Pack 5 – Bp Premier	$2,000	7c	5c	4c SMS
(1) Excludes GST Delivery Reports (if activated) 1 SMS Credit per 2 day delivery reports (Lava SPS3 or earlier) Free for Bp Premier Indigo and newer version users Subsequent Bp Comms Packs can be purchased by contacting our sales team on 1300 40 1111
Additional Services (Optional)	Dedicated Number (refer clause 14 Definitions) $99 plus GST once off fee This service is only permitted to be used for SMS appointment reminders.