SMS SERVICE AGREEMENT & SERVICE LEVEL TERMS**
Effective Date: [Today’s Date]

1. AGREEMENT OVERVIEW

This Agreement (“Agreement”) is entered into between:

XWireless Ltd (“Service Provider”, “XWireless”)
Website: xwireless.net
Email: contact@xwireless.net

and the user of the service (“Client”).

This Agreement governs all use of XWireless SMS services, including platform access, APIs, SMPP connections, and messaging infrastructure.

By using the service, the Client fully agrees to all terms contained herein.

2. SERVICE DESCRIPTION

XWireless provides:

• Bulk SMS Messaging (A2P)
• Transactional Messaging (OTP, Alerts)
• API & SMPP Connectivity
• Two-Way Messaging (MO/MT where available)
• Sender ID Services
• Local and International SMS Routing

Services are delivered through telecom operators and third-party carriers.

3. SERVICE AVAILABILITY

XWireless targets high availability but does not guarantee uninterrupted service.

Service may be affected by:

• Mobile network operators
• Third-party infrastructure
• Internet disruptions
• Regulatory actions

XWireless shall not be liable for any service interruptions.

4. CLIENT RESPONSIBILITIES

The Client agrees to:

• Provide accurate account information
• Use the service lawfully
• Obtain consent from message recipients

The Client is solely responsible for:

• All SMS content
• All usage under their account
• Protection of login credentials

All activity is deemed authorized by the Client.

5. ACCEPTABLE USE POLICY

The Client shall NOT:

• Send unsolicited or spam messages
• Transmit fraudulent, deceptive, or misleading content
• Engage in illegal or abusive messaging

XWireless reserves the right to:

• Suspend or terminate accounts immediately
• Block traffic without notice
• Report violations to authorities

6. ROUTING & TRAFFIC RESTRICTIONS

6.1 Prohibited Route Usage

The Client shall not use XWireless local SMS routes (Nigeria routes) to transmit:

• Messages originating from international businesses or brands
• OTP, alerts, or notifications generated outside Nigeria
• Any traffic designed to bypass international SMS pricing

This applies even where recipients are located within Nigeria.

6.2 Breach and Financial Liability

If such misuse is detected:

• All affected messages shall be re-rated at full international SMS pricing
• The Client shall be liable for all recalculated charges
• Payment of additional recovery charges
• XWireless may:
  • Suspend or terminate the account immediately
  • Withhold services until payment is completed

6.3 Monitoring

XWireless reserves the right to:

• Monitor traffic patterns and origin
• Detect irregular or abusive usage
• Take enforcement action without prior notice

7. MESSAGE DELIVERY

XWireless will use reasonable efforts to deliver messages.

However:

• Delivery is NOT guaranteed
• Delivery times may vary
• Messages may be delayed or blocked

XWireless is not liable for:

• Failed delivery
• Delayed delivery
• Network-related issues

8. DELIVERY REPORTS (DLR)

Delivery reports are provided on a best-effort basis only.

DLRs may be:

• Delayed
• Incomplete
• Inaccurate

XWireless does not guarantee DLR availability or correctness.

9. BILLING & PAYMENT

• Services are strictly prepaid
• Charges apply per message submitted

Billing applies regardless of:

• Delivery outcome
• Message status

All payments are:

• Final
• Non-refundable

VAT and applicable taxes apply as required.

10. NO REFUND POLICY

All payments made to XWireless are non-refundable under all circumstances, including:

• Unused SMS credits
• Failed or delayed messages
• Account suspension or termination

11. DORMANT ACCOUNTS

Accounts inactive for up to twelve (12) months may be classified as dormant.

XWireless reserves the right to:

• Suspend or terminate such accounts
• Delete associated data
• Forfeit unused balances

No compensation shall be provided.

12. SENDER ID POLICY

Sender IDs are subject to:

• Operator rules
• Country regulations

Messages may be:

• Modified
• Blocked
• Replaced with numeric sender

The Client is fully responsible for compliance.

13. DATA & CONFIDENTIALITY

• Client data remains the Client’s responsibility
• XWireless may process data only for service delivery

XWireless may disclose data where required by:

• Law
• Regulatory authorities

Both parties agree to maintain confidentiality.

14. LIMITATION OF LIABILITY

XWireless shall NOT be liable for:

• Message delivery failures
• Delays or interruptions
• Loss of profits, revenue, or business
• Indirect or consequential damages

Total liability is strictly limited to:

Amount paid by the Client within the last 12 months

15. INDEMNITY

The Client agrees to fully indemnify XWireless against:

• Claims arising from SMS content
• Regulatory violations
• Third-party damages
• Misuse of the service

16. SERVICE SUSPENSION & TERMINATION

XWireless may suspend or terminate services:

• Without notice
• For any violation of this Agreement
• Where risk or abuse is detected

The Client may terminate use at any time.

17. INTERNATIONAL SMS

International messaging is:

• Subject to country regulations
• Dependent on carrier restrictions

XWireless does not guarantee:

• Delivery
• Speed
• Sender ID support

Pricing and routing may change without notice.

18. FORCE MAJEURE

XWireless shall not be liable for events beyond its control, including:

• Natural disasters
• Government actions
• Network failures

19. GOVERNING LAW

This Agreement is governed by the laws of the:

Federal Republic of Nigeria

Disputes shall be resolved in Lagos.

20. MODIFICATIONS

XWireless reserves the right to:

• Modify this Agreement
• Update services or pricing

Continued use constitutes acceptance of changes.

21. CONTACT

XWireless Ltd
Website: xwireless.net
Email: contact@xwireless.net