In order to get your SMS campaign approved and to maintain ongoing compliance with carrier requirements, your website’s Terms and Conditions must have a section related to your SMS campaign. The SMS section of the Terms and Conditions must include:
- Business Name: The name of your company.
- Product Description: A brief description of what your SMS campaign entails (e.g., promotional offers, notifications).
- Message Frequency Disclosure: How often your contacts will receive messages (e.g., “You may receive up to 5 messages per month”).
- Message and Data Rates May Apply: A statement informing users that standard text messaging rates may apply.
- Customer Care Contact Information: An email address or toll-free phone number where contacts can get assistance.
- Opt-Out Instructions: Clear instructions on how to stop receiving messages (e.g., “Reply STOP to stop”)
Below is a sample terms of service template that you may use and modify to meet your business model and requirements. Please note that this is informational only, PhoneBurner cannot provide you with legal advice, and we recommend that you consult with your own legal team regarding whether this template is appropriate for your business.
[Business Name] SMS Terms of Service
Updated [DATE]
IMPORTANT! PLEASE READ THESE [BUSINESS NAME] SMS TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE SIGNING UP FOR THE [BUSINESS NAME] TEXT MESSAGING PROGRAM. BY SIGNING UP FOR THIS TEXT MESSAGING PROGRAM, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TERMS, and you expressly consent to receive text messages, as applicable, from [Business Name], at the telephone number(s) that you provide.
1. Program Overview:
Welcome to the [Business Name] SMS service! By opting in, you agree to receive periodic SMS messages from [Business Name]. These messages may include alerts, updates, promotions, notifications or other relevant information related to our services.
2. Message Frequency:
Message frequency may vary. You may receive [specific frequency, e.g., "up to 5 messages per month"] from us.
3. Costs:
Standard message and data rates may apply. Please consult your mobile service provider for details on any fees that might be applicable.
4. Customer Support:
For assistance, please contact our customer service team via email at [email address] or by calling [toll-free phone number].
5. Opt-Out Instructions:
To stop receiving SMS messages from us, reply, “QUIT” or “STOP” to any message.
Upon receipt of your request, you will no longer receive messages from [Business Name].
6. HELP Information:
For additional information, text “HELP” to [PHONE NUMBER] or contact us at [SUPPORT PHONE NUMBER]
7. Terms and Conditions Updates:
We may update these terms from time to time. Any changes will be posted on our website, and your continued use of the service will signify your acceptance of these changes.
8. Privacy:
Your privacy is important to us. Please refer to our [SMS PRIVACY POLICY LINK] for more information on how we protect your data.
Thank you for choosing [Business Name]!
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