SMS Policy

Last updated: January 2025 · Telexico Communications Ltd

1. Overview

This SMS Policy outlines the rules and responsibilities for using TelexicoSMS to send text messages. All users of TelexicoSMS must comply with this policy, applicable UK law, and the regulations of the networks used to deliver messages.

2. Consent Requirements

You must have a valid, documented lawful basis before sending any SMS messages through TelexicoSMS. Acceptable bases include:

• Explicit consent: The recipient has actively opted in to receive marketing messages from you, with a clear explanation of what they are signing up to
• Legitimate interests: You have a genuine business reason and the recipient could reasonably expect to hear from you (subject to a balancing test)
• Existing customer relationship: For service messages to existing customers about products or services they have purchased
• Contract: The message is necessary to fulfil a contract with the recipient

You must be able to demonstrate and document the lawful basis for each message you send.

3. Opt-Out Requirements

Every marketing SMS message sent through TelexicoSMS must include a clear and simple opt-out instruction. The standard opt-out wording is:

Reply STOP to opt out

You must:

• Process all opt-out requests within 28 days (we recommend immediately)
• Never send marketing messages to a number that has opted out
• Maintain a suppression list of all opt-outs
• Apply opt-outs across all your campaigns — not just the one they opted out of

TelexicoSMS provides automatic opt-out suppression tools. You must keep these enabled at all times.

4. Prohibited Content

You must not send SMS messages that contain:

• Illegal content of any kind
• Adult, explicit, or pornographic content
• Content promoting violence, hatred, or discrimination
• Fraudulent, misleading, or deceptive content
• Phishing attempts or malicious links
• Content that infringes third-party intellectual property rights
• Unsolicited financial promotions not FCA-regulated
• Content promoting illegal activities

5. Sending Hours

Marketing SMS messages should only be sent during appropriate hours. We recommend:

• Monday to Friday: 8am – 9pm
• Saturday: 9am – 8pm
• Sunday: 10am – 6pm
• Bank Holidays: 10am – 6pm only

Sending outside these hours may result in account suspension.

6. Message Identification

All messages must clearly identify the sender. You must not spoof sender IDs or impersonate other businesses or individuals. Your sender ID should clearly represent your business.

7. Data Handling

Contact data uploaded to TelexicoSMS must have been collected lawfully. You must not upload:

• Purchased lists where consent status is unknown
• Data collected without a valid privacy notice
• Data that is out of date or inaccurate

8. Frequency

You must not send excessive volumes of messages to any single recipient. We recommend no more than 4 marketing messages per month to any individual unless they have specifically requested more frequent communications.

9. Compliance Tools

TelexicoSMS provides the following compliance tools which you should use:

• Repeat protection: Prevents sending the same message to a contact within a configurable window (minimum 7 days)
• Opt-out suppression: Automatically removes opted-out numbers from all future sends
• Character count: Ensures messages stay within the 160-character SMS limit for compliance
• Opt-out text: Automatic inclusion of opt-out instructions in messages

10. Enforcement

Failure to comply with this SMS Policy may result in:

• Immediate suspension of your TelexicoSMS account
• Termination of your contract with Telexico Communications Ltd
• Reporting of serious violations to relevant authorities including the ICO
• Recovery of costs incurred as a result of your non-compliance

11. Regulatory Framework

This policy is designed to support compliance with:

• The Privacy and Electronic Communications Regulations 2003 (PECR)
• The UK General Data Protection Regulation (UK GDPR)
• The Data Protection Act 2018
• ICO Direct Marketing Guidance
• The Communications Act 2003

This policy does not constitute legal advice. You should seek independent legal advice to ensure your SMS campaigns comply with applicable law.

12. Contact

For questions about this SMS Policy: compliance@telexico.com
Telexico Communications Ltd, 64 Chapel Ash, Wolverhampton, WV3 0TY