General terms and conditions

Agreements on the use of BizzSms, sending SMS messages, credits, privacy and liability.

Version 2.0, September 2026

Lees in het Nederlands

These general terms and conditions apply to the use of BizzSms, the service that allows business users to send SMS messages through the online control panel, the SMS Gateway and the SMS APIs.

Article 1. Definitions

  1. 1.1BizzSms: BizzSms, located at Stationsstraat 5, 5038 EA Tilburg, the Netherlands, registered with the Dutch Chamber of Commerce under number 62074644.
  2. 1.2Customer: the legal entity or natural person acting in the course of a profession or business who creates an Account with BizzSms or enters into an Agreement with BizzSms.
  3. 1.3End Customer: a customer of the Customer on whose behalf the Customer sends messages through the Service.
  4. 1.4Account: the Customer’s personal access to the Service, secured with a username and password.
  5. 1.5Service: the platform offered by BizzSms and the related services for sending SMS messages, including the online control panel (klanten.bizzsms.nl), the SMS Gateway and the SMS APIs.
  6. 1.6Credits: prepaid balance with which the Customer can send SMS messages through the Service.
  7. 1.7Recipient: the person to whom an SMS message is sent through the Service.
  8. 1.8Agreement: the agreement between BizzSms and the Customer that is concluded when an Account is created or Credits are purchased, and to which these general terms and conditions apply.

Article 2. Applicability

  1. 2.1These terms apply to every offer made by BizzSms and to every Agreement, unless the parties have agreed otherwise in writing.
  2. 2.2The Service is intended for business use only. By creating an Account, the Customer declares to be acting in the course of a profession or business.
  3. 2.3The Customer’s general terms and conditions do not apply and are expressly rejected.
  4. 2.4If any provision of these terms is void or annulled, the other provisions remain in force. The parties will then replace the provision concerned with a provision that reflects the intent of the original provision as closely as possible.

Article 3. Account and access

  1. 3.1When creating an Account, the Customer provides correct and complete information and keeps it up to date.
  2. 3.2Usernames, passwords and API keys are confidential. The Customer is responsible for all use made of its Account and API keys and immediately reports any loss, theft or misuse to BizzSms.
  3. 3.3BizzSms may refuse an Account or undo its creation, for example if information appears to be incorrect or misuse is suspected.
  4. 3.4Free test credits are provided once per Customer, have no monetary value and may be withdrawn by BizzSms if misuse is suspected.

Article 4. The Service

  1. 4.1BizzSms makes every reasonable effort to provide the Service with due care and the highest possible availability. The Service is provided on a best-efforts basis; BizzSms does not guarantee any specific availability.
  2. 4.2For the delivery of SMS messages, BizzSms depends on telecom operators and other third parties. BizzSms does not guarantee that every message will be delivered (on time). Delivery reports reflect the status as reported to BizzSms by these third parties.
  3. 4.3An alphanumeric sender name (up to 11 characters) is not available in every country. Where a sender name is not permitted or not supported, BizzSms may send the message with a numeric sender.
  4. 4.4BizzSms may modify, improve or maintain the Service. Planned maintenance that noticeably affects availability is announced in advance where possible.
  5. 4.5BizzSms may temporarily take the Service out of operation, in whole or in part, when this is necessary for maintenance, security or the prevention of misuse.

Article 5. Telecommunications Act and spam

  1. 5.1When sending messages, the Customer complies with the Dutch Telecommunications Act (Telecommunicatiewet), in particular article 11.7 on unsolicited electronic communications, with the GDPR and with the Dutch Advertising Code (Nederlandse Reclame Code). For messages sent abroad, the Customer also complies with the rules of the Recipient’s country.
  2. 5.2Sending unsolicited messages for commercial, idealistic or charitable purposes (spam) is not permitted. The Customer only sends such messages to natural persons if the Recipient has given explicit prior consent (opt-in).
  3. 5.3Without prior consent, the Customer may only send messages to its own customers about its own similar products or services, and only if the Customer clearly offered the opportunity to object free of charge when obtaining the phone number and the Recipient did not make use of it.
  4. 5.4Every message with a commercial, idealistic or charitable purpose makes clear on whose behalf it is sent and includes a simple way to unsubscribe free of charge. The Customer processes unsubscribe requests immediately and no longer sends messages of that nature to the Recipient concerned.
  5. 5.5Consent must be freely given, specific, informed and unambiguous. Purchased, rented or third-party number lists may not be used without such valid consent. The Customer records when and how consent was obtained and demonstrates this at BizzSms’s first request.
  6. 5.6Transactional and service messages, such as a shipping confirmation, an appointment reminder or a login code, are permitted without separate consent as long as they contain no commercial content.
  7. 5.7The Customer only uses a sender name or number it is entitled to use and does not create the impression that a message originates from another organisation (spoofing). BizzSms may refuse or change sender names when necessary for delivery or to prevent misuse.
  8. 5.8Compliance with the spam rules is supervised by the Netherlands Authority for Consumers and Markets (ACM), which can impose fines for violations. The Customer indemnifies BizzSms against all fines, claims and costs arising from messages sent through its Account in breach of this article, and cooperates with investigations by BizzSms, telecom operators and regulators.

Article 6. Prohibited use

  1. 6.1The Service may not be used for messages that are misleading, unlawful, discriminatory, threatening, offensive or fraudulent, including phishing (smishing), distributing malware and recruiting for illegal activities.
  2. 6.2The Service may not be used in a way that disrupts its operation or the networks of telecom operators, or to circumvent the security of the Service.
  3. 6.3The Customer is fully responsible for the content of the messages sent through its Account, including messages sent by its employees, its End Customers or through its software.
  4. 6.4In the event of (a reasonable suspicion of) conduct in breach of this article or the previous article, or complaints from Recipients or telecom operators, BizzSms may, without prior notice, block messages, suspend the Account or terminate the Agreement, and inform the competent authorities where necessary. In that case the Customer is not entitled to any refund or compensation.

Article 7. Sending on behalf of End Customers

  1. 7.1The Customer may use the Service to send messages on behalf of its End Customers.
  2. 7.2The Customer remains fully responsible towards BizzSms for all messages sent through its Account, as if it had sent them itself. The Customer ensures that its End Customers comply with the articles on the Telecommunications Act, spam and prohibited use.
  3. 7.3The Customer indemnifies BizzSms against claims by End Customers and third parties arising from messages it sends on behalf of End Customers. No agreement is formed between BizzSms and End Customers.

Article 8. Credits, prices and payment

  1. 8.1SMS messages are sent using prepaid Credits. A message of up to 160 characters costs 1 Credit. A longer message is sent in parts of up to 153 characters and costs 1 Credit per part. A message contains no more than 918 characters (6 parts).
  2. 8.2Credits are deducted when a message is sent or scheduled. Credits for messages that are not delivered, for example because of an incorrect or unreachable phone number, are not refunded. If the Customer cancels a scheduled sending, the Credits for the messages not yet sent are refunded.
  3. 8.3All prices are in euros and exclude VAT, unless stated otherwise. Current prices are published on the BizzSms website.
  4. 8.4BizzSms may change its prices. A price change does not apply to Credits purchased by the Customer before the change.
  5. 8.5After placing an order, the Customer receives an electronic invoice. Credits are added once BizzSms has received the payment. If an invoice has not been paid within 14 days of the invoice date, BizzSms may cancel the order.
  6. 8.6Credits are non-transferable, cannot be exchanged for money and remain valid for as long as the Account exists.

Article 9. Privacy and personal data

  1. 9.1When the Service is used, BizzSms processes personal data of Recipients, such as phone numbers and message content, and of contacts the Customer stores in the Service, on behalf of the Customer. The Customer is the controller and BizzSms the processor within the meaning of the GDPR. This article constitutes the data processing agreement between the parties.
  2. 9.2BizzSms processes this personal data only on the Customer’s instructions and to the extent necessary to provide the Service, keeps it confidential and takes appropriate technical and organisational security measures.
  3. 9.3The Customer gives BizzSms general authorisation to engage sub-processors necessary to provide the Service. BizzSms imposes at least the same obligations on these sub-processors as set out in this article. On request, BizzSms confidentially informs the Customer about the sub-processors engaged.
  4. 9.4Where personal data is processed outside the European Economic Area, BizzSms ensures appropriate safeguards, such as the standard contractual clauses of the European Commission.
  5. 9.5BizzSms notifies the Customer without undue delay of a personal data breach affecting the Customer and assists the Customer in responding to requests from data subjects.
  6. 9.6The Customer warrants that it has a valid legal basis for processing the personal data of Recipients and indemnifies BizzSms against claims arising from the absence thereof.
  7. 9.7The processing of personal data of the Customer itself and of website visitors is governed by the BizzSms privacy statement.

Article 10. Liability

  1. 10.1The liability of BizzSms for damage resulting from an attributable failure or a tort is limited to compensation for direct damage, up to no more than the amount the Customer paid to BizzSms in the twelve months preceding the event causing the damage.
  2. 10.2BizzSms is not liable for indirect damage, including consequential damage, lost profits, missed savings, loss of data and damage due to business interruption.
  3. 10.3BizzSms is not liable for damage resulting from messages not being delivered, being delivered late or incorrectly by telecom operators or other third parties, or from improper use of the Service by the Customer or its End Customers.
  4. 10.4The limitations in this article do not apply if the damage is the result of intent or deliberate recklessness on the part of BizzSms or its management.
  5. 10.5A claim for damages lapses if the Customer has not reported the damage to BizzSms in writing within two months of its occurrence.

Article 11. Force majeure

  1. 11.1BizzSms is not obliged to fulfil any obligation if it is prevented from doing so by force majeure. Force majeure includes in any case a failure at telecom operators, internet or hosting providers, power outages, cyberattacks and government measures.
  2. 11.2If the force majeure lasts longer than thirty days, either party may terminate the Agreement in writing, without any obligation to pay compensation.

Article 12. Intellectual property

  1. 12.1All intellectual property rights in the Service, the software, the documentation and the website are vested in BizzSms or its licensors.
  2. 12.2For the term of the Agreement, the Customer is granted a non-exclusive and non-transferable right to use the Service for its own business operations and for sending messages on behalf of End Customers.

Article 13. Term and termination

  1. 13.1The Agreement is entered into for an indefinite period. The Customer may terminate the Agreement at any time by having its Account closed.
  2. 13.2BizzSms may terminate the Agreement with one month’s notice.
  3. 13.3BizzSms may terminate the Agreement with immediate effect and without judicial intervention if the Customer fails to meet its obligations, is declared bankrupt or applies for a suspension of payments.
  4. 13.4BizzSms may close an Account that has not been logged into and has not been used to send any messages for 24 months. BizzSms announces this at least thirty days in advance by email to the email address known for the Account.
  5. 13.5Upon termination of the Agreement or closure of the Account, any unused Credits lapse without a right to a refund. If BizzSms terminates the Agreement while the Customer has not failed to meet its obligations and the Account was not inactive, BizzSms refunds the value of the unused paid Credits.
  6. 13.6After termination, BizzSms deletes the Customer’s data within a reasonable period, unless a statutory retention obligation applies.

Article 14. Amendments to these terms

  1. 14.1BizzSms may amend these terms. Material amendments are announced by email or through the control panel at least thirty days before they take effect.
  2. 14.2If the Customer does not agree to a material amendment, it may terminate the Agreement as of the effective date of the amendment. Continued use of the Service after that date constitutes acceptance of the amended terms.

Article 15. Governing law and disputes

  1. 15.1The Agreement and these terms are governed exclusively by Dutch law.
  2. 15.2Disputes are submitted to the competent court of the District Court of Zeeland-West-Brabant (Rechtbank Zeeland-West-Brabant), unless mandatory law designates another court.
  3. 15.3These terms are a translation of the Dutch version. In the event of any discrepancy between the Dutch and the English text, the Dutch text prevails.