Last Updated: October 2025
Entity: TopSMS Pty Ltd (ABN 20 665 220 413)
Registered Address: 1/299 Elizabeth Street, Sydney NSW 2000
Contact Email: info@topsms.com.au
1. Introduction & Scope
These Terms govern the use of the TopSMS WooCommerce Plugin, its related REST API services, and any connected SMS delivery via Vonage Australia Pty Ltd. By installing or using the Plugin, you agree to comply with these Terms, our Privacy Policy, and applicable Australian telecommunications and privacy laws.
TopSMS allows verified businesses to send transactional and marketing SMS messages through the Plugin. All SMS accounts undergo manual review and sender ID verification to comply with ACMA’s SMS Sender ID Register and the Spam Act 2003 (Cth).
2. License & Use
You are granted a limited, non-exclusive, non-transferable license to install and use the Plugin within a single WooCommerce installation.
You must not:
– Reverse engineer or modify the Plugin or APIs.
– Use the Plugin for unlawful, fraudulent, or misleading activity.
– Send messages on behalf of another entity without authorization.
3. Account Verification & Sender IDs
– All accounts are manually verified before activation.
– Sender names (alphanumeric IDs) must accurately represent your registered business or brand.
– TopSMS will validate your ABN/ACN and sender name before enabling messaging.
– Sender IDs are registered with Vonage and may be subject to ACMA approval.
– Messages sent without a registered sender ID may be over-stamped “Likely SCAM” or blocked under ACMA’s rules.
4. Messaging Compliance
By using TopSMS, you agree to comply with:
– Spam Act 2003 (Cth)
– Telecommunications (SMS Sender ID Register) Industry Standard 2025
– Privacy Act 1988 (Cth)
– Vonage Australia Acceptable Use Policy
You must:
– Obtain explicit consent before sending marketing messages.
– Include an opt-out mechanism in every marketing SMS.
– Identify your business clearly in each message.
– Avoid using purchased, scraped, or third-party contact lists.
– Retain proof of consent if required by regulators.
TopSMS may suspend or terminate accounts for non-compliance.
5. Payments & Billing
SMS services operate on a prepaid recharge basis.
– Pricing is displayed in AUD (ex-GST).
– Payments are processed via Stripe.
– Unused balances do not expire.
– Partners may receive automated commission payouts via Stripe Connect.
6. Data & Privacy
You retain ownership of your customer data. By using TopSMS, you consent to the transfer of relevant data to Vonage Australia for SMS routing and delivery. We process this data solely for message delivery, billing, and compliance purposes, in accordance with our Privacy Policy available at https://topsms.com.au/privacy.
7. Service Limitations
Delivery of SMS messages depends on carrier availability and external networks (Vonage, telcos). TopSMS does not guarantee delivery timelines or success rates.
8. Suspension & Termination
We may suspend or terminate your access if:
– You breach these Terms or applicable laws.
– Your sender ID fails verification.
– You generate excessive spam complaints.
You may terminate at any time by deactivating the Plugin and closing your account.
9. Warranties & Liability
Services are provided “as is.” TopSMS disclaims all implied warranties. Our total liability is limited to the amount paid for SMS services in the preceding 12 months.
10. Indemnity
You agree to indemnify and hold harmless TopSMS, its affiliates, and suppliers (including Vonage) from claims, fines, or damages arising from your use of the Plugin or violation of these Terms.
11. Governing Law
These Terms are governed by the laws of New South Wales, Australia, and subject to the jurisdiction of its courts.
All pricing excludes GST. Message delivery and availability are dependent on carrier networks and external systems. Sender name approval is subject to ACMA and Vonage verification. By installing and using the Plugin, you acknowledge that you have read and agree to the TopSMS Privacy Policy (https://topsms.com.au/privacy), Cookie Policy (https://topsms.com.au/cookies), and these Terms of Service.
